The Social Security Administration has issued an updated POMS about collateral estoppel and disability claims. Collateral estoppel can apply when an individual receiving Social Security or SSI files a disability claim under a different title or for a different benefit under the same title. Collateral estoppel requires the Social Security administration to adopt a prior disability finding without needing to develop a new medical claims when:
- The prior claim was for the same time period as the new application
- Both the prior claim and the new claim apply the same definition of disability
- Social Security has not made an intervening medical determination or decision finding that disability has ceased
- The claimant has not engaged in substantial gainful activity since the prior onset date
- The prior onset date is on or before the nonmedical requirements for the new claim are met
- The prior favorable decision is not in terminated status
- Social Security does not have reason to believe the prior determination or decision was wrong.
If the prior claim is in suspense status when the new claim is filed, Social Security will try to resolve the suspense issue. If the suspense issue cannot be resolved when processing the new claim, Social Security will apply collateral estoppel if the suspense issue does not result in denial of the new claim.
The prior favorable disability determination is adopted even if a continuing disability review is pending for the prior claim. (Social Security Dear Colleague Letter, July 16, 2024 and POMS DI 11011.001.)