BASIC (08-00)

Policy

The AR applies 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 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 52705.010B.4. for what constitutes a decision by an ALJ or the AC on a prior disability claim for the purposes of the Drummond AR); and

• The final decision by the ALJ or AC on the prior disability claim contains a finding of the claimant's RFC or other finding required at a step in the sequential evaluation process for determining disability provided under 20 CFR 404.1520, 416.920 or 416.924; 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.

NOTE: The AR does not apply when the requirements for disability on one claim under the same 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).