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HALLEX I-4-133
Office of Hearings and Appeals
Social Security Administration (S.S.A.)
Department of Health and Human Services

Volume I
Division IV: Civil Action
Subject: New Court Cases
Chapter: I-4-100

June 30, 1994

Current through June 1997

I-4-133 AFFIDAVITS--RES JUDICATA

A. General

When the claimant files a civil action after receiving a res judicata dismissal order from either the Appeals Council or an ALJ, there is no right to judicial review and the analyst must prepare an affidavit using the fill-in draft res judicata affidavit in > I-4-199, Exhibit G. In reviewing the file, the analyst must ensure that the ALJ and/or Appeals Council appropriately applied the res judicata provisions of the regulations. The analyst will be alert to recent legislative changes which may apply to the case. In addition, the analyst must verify the date last insured to ensure that there is no unadjudicated period.

B. Using the Fill-in Draft Affidavit

The analyst must insert all identifying information in the appropriate blank spaces and annotate the form to ensure that only the regulatory cites for the correct title(s) are used.

Thereafter, the analyst must set forth the claimant's case history beginning with the prior final decision/determination cited by the Appeals Council or the ALJ. Attach all relevant documents as exhibits to the affidavit. If the relevant documents are not available, state this in the affidavit and explain the basis for making assertions about the missing documents.

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