I-2-9-6.Administrative Law Judge Believes Claimant Is Disabled During Time Adjudicated in Appeals Council Decision

When, during a current case adjudication, an administrative law judge (ALJ) believes new evidence establishes the claimant was disabled during a time period adjudicated in a prior Appeals Council (AC) decision, the ALJ's action in the current claim will depend on whether the time period for reopening the prior decision has expired. For information about computing the time period for reopening, see Hearings, Appeals and Litigation Law (HALLEX) manual I-2-9-20.

If the time period for reopening has expired, the ALJ will include the following information in the decision:

• The claimant is disabled as of the date established by the evidence, but is only entitled to benefits based on the current application; and

• If the claimant explicitly requested reopening (see HALLEX I-2-9-10 A), an explanation of why reopening is not possible.

If the time period for reopening has not expired, the ALJ will:

• Issue a decision finding the claimant disabled as of the day after the date of the AC decision, and find entitlement based on the current application only;

• State in the decision that the AC decision on the prior application is final and binding;

• Inform the effectuating component that the AC has jurisdiction to consider reopening its decision on the prior application, and if there is a paper claim(s) file, ask the effectuating component to forward the claim(s) file to the AC after completing its action; and

• Send a memorandum (and a copy of the decision if the claim(s) file is paper) to the Office of the Chief Administrative Law Judge (OCALJ) at ¦¦¦OHO OCALJ DFP explaining the situation and requesting that OCALJ immediately forward the matter to the AC to consider reopening its decision.