A claimant filed for RSI benefits. We established 1924 as the date of birth (DOB)
and entitled the claimant. The claimant did not appeal the DOB. Two years later, when
the claimant filed for SSI aged benefits and was denied at the initial and reconsideration
levels because, based on a 1924 DOB, the claimant was not age 65. However, the ALJ
established 1923 as the DOB, which made the claimant age 65. If the ALJ DOB decision
was based on new and material evidence or if there was an error on the face of the
evidence on the RSI claim, the processing center can reopen and revise the DOB in
the RSI claim. However, if the ALJ decision was based on the same evidence which was
used to establish the DOB in the RSI claim, the case should be referred to the AC
since the ALJ decision violates the doctrine of collateral estoppel. The 1924 DOB
in the RSI case would not be changed and would be used in the SSI claim.