Denial of a request for readjudication (with no appeal rights provided) is appropriate
when it is clear that application of the AR could not change the prior determination
or decision based on the criteria noted above. For instance, denial of a request for
readjudication would be appropriate if the prior disability denial determination was
made at step 1 of the sequential evaluation process, and the AR, by its terms, is
only applicable to step 5 denials. A request for readjudication should not be denied
based on more in-depth, less clear cut, adjudicative judgments concerning whether
application of the AR could change the prior determination or decision. Instead, those
types of issues should be determined after the request for readjudication is granted.
If the adjudicator reviewing the request determines, in accordance with the criteria
noted above, that application of the AR to the claimant’s case could not change the
determination or decision, the adjudicator should send a notice to the claimant advising
him or her that the request for readjudication is denied. (See GN 03501.015D.3. and GN
03501.015D.4. under “Appeal Rights and Notice Language”).