BASIC (08-00)

Policy

The AR applies at the initial, reconsideration, ALJ hearing or AC level when the following are met:

• The adjudicator is deciding a subsequent disability claim with an unadjudicated period arising under the same title of the Act as a prior disability claim, and

• There was a decision by an ALJ or the AC on the prior disability claim which has become final (see DI 52706.010B.3. for what constitutes a decision by an ALJ or the AC on a prior disability claim for the purposes of the Dennard AR), and

• The final decision by the ALJ or AC on the prior disability claim contains a finding of the demands of a claimant's past relevant work or a claimant's date of birth, education or work experience, and

• The claimant resides in Kentucky, Michigan, Ohio, or Tennessee at the time of the determination or decision on a subsequent claim at the initial, reconsideration, ALJ, or AC level.