Basic (08-11)

DI 52755.005 Scope of the Chavez AR

This AR applies at the initial, reconsideration, ALJ, or AC level when the following are met:

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  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

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  There was a decision by an ALJ or the AC on the prior disability claim that the claimant was not disabled (i.e., that the individual did not become disabled or that the individual's disability had ceased, see DI 52755.010B.3) and this decision has become final, and

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  The final decision by the ALJ or AC that the claimant was not disabled was based on the individual's work activity or earnings, on an evaluation of the medical evidence of the individual's impairments alone, or on a consideration of both medical and vocational factors, and was not based on the individual's failure to cooperate, failure to follow prescribed treatment, or whereabouts unknown, and

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  The claimant resides in Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, the Northern Mariana Islands, Oregon or Washington at the time of the determination or decision on the subsequent claim at the initial, reconsideration, ALJ, or AC level.

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