TN 12 (07-08)

A. Denied Determination or Decision

Reopen at any time to consider any excluded impairment because the claimant's felony conviction has been overturned. For more information, see “Reopening and Revision after Conviction of a Felony or Reversal of Felony Conviction” DI 23501.075.

B. Allowed Determination or Decision

Reopen at any time to:

• Exclude a felony-related impairment from consideration because the claimant has been convicted of a felony; or

• Consider an earlier onset if exclusion of a felony-related impairment resulted in a later onset and the claimant's felony conviction has been overturned.

REMINDER: If revising the determination or decision to a denial or other unfavorable decision, assure that appropriate due process predetermination notification is given.