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GN 03501: Acquiescence Rulings - General

Effective Dates: 07/13/2012 - Present

TN 2 (08-91)

A. Policy

When it comes to your attention that a claimant has moved into a State within a Circuit in which an AR applies and the claimant may benefit from that AR, the following guidelines will apply:

  • movement into a circuit with an applicable AR does not have any special significance with regard to reopening lapsed claims.

  • if reopening is denied, the adjudicator should take a new application and apply the AR from that date.

B. Procedure

The FO or DDS will follow the procedure as stated below:

If the status of the claim is... then...

at an initial or reconsideration level in the past 60 days

the FO will:

  • take the appeal request,

  • consider reopening and revising.

the FO or DDS will:

  • review the earlier determination and apply the AR.

  • process the appeal request, if you do not reopen and revise.

  • abate the protective appeal request or have the claimant withdraw it if you do reopen and revise.

at an ALJ or AC level in the past 60 days

the FO will:

  • take an appeal request and aid the claimant in requesting reopening, if the last decision was by an ALJ.

  • aid the claimant in requesting reopening, if the last decision was by the Appeals Council.

  • add a note to the folder transmittal document alerting the ALJ/AC to possible application of the AR, in either case.

beyond the time for requesting administrative or judicial appeal

  • apply the normal rules on reopening and good cause to extend the time for filing. See SI 04070.010.
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