BASIC (11-00)

A. Policy

AR 00-1(4) applies to determinations or decisions at the initial, reconsideration, administrative law judge (ALJ), or Appeals Council (AC) level when the following are met:

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

• There was a decision by the ALJ or AC on the prior claim and such decision has become final (See DI 52715.010B.3.); and

• The ALJ or AC decision contains findings described in DI 52715.010B.1.a or DI 52715.010B.1.b., as applicable; and

• The claimant resides in Maryland, North Carolina, South Carolina, Virginia or West Virginia at the time of the determination or decision on the subsequent claim at the initial, reconsideration, ALJ, or AC level.

  NOTE: The AR does not apply when the requirements for disability on one claim under the same or a different title (e.g., a prior title XVI child disability claim on which there was a final decision by an ALJ) are not identical to the requirements for disability on the other claim (e.g., a current title XVI adult disability claim).