When an administrative law judge (ALJ) issues a closed period of disability award, but in their decision, they find that the claimant's disability ceased more than 14 months before the month in which the application was filed, a freeze or denial must be established. In their decision, the ALJ must decide whether the claimant's failure to file a timely application was due to a physical or mental incapacity, and whether a freeze is warranted with no cash payments. See DI 25510.010B2.

When an ALJ decision is impossible to effectuate for payment due to the claimant's disability ceasing more than 14 months before the month in which the application was filed as explained in DI 42010.070A, the technician refers the matter to the Office of Appellate Operations (OAO). See DI 42010.080 for protest memorandum guidelines and procedure.