TN 19 (05-07)

A. Policy for open application when prior folder destroyed

Assume that the prior application is open if the notice of the initial determination on the prior title II claim was before 2/1/79. Claims adjudicated after 1/31/79 are assumed not open (GN 00204.025-GN 00204.027).

B. Procedure for open application when prior folder destroyed

1. Open application — FO/PC action

• Adjudicate the current claims. Do not initiate development to rebut the above assumptions unless the claimant submits evidence to the contrary (e.g., the actual notice sent on the prior claim containing close-out language).

• Document the RPOC screen with the rationale.

2. Information needed does not involve a factor of entitlement

a. FO action

• Redevelop the issue in question; and

• Partially adjudicate the claim, if appropriate, and prepare a 60 day diary for PC follow-up (see GN 01010.110).

b. PC action

When the information is received in the PC:

• Prepare an amended award; and

• Cancel the diary, if necessary.

3. Information needed involves a factor of entitlement

a. FO action

• Redevelop the issue in question; and

• Delay payment to the affected claimant, if appropriate, and diary for 60 days for PC follow-up (see GN 01010.140 on processing delayed claims).

b. PC action

When the information is received in the PC:

• Adjudicate the delayed claim accordingly; and

• Cancel the diary, if necessary.