Non-entitlement of earlier claimant
Consider the rules of administrative finality when processing an adverse claim that
results in the non-entitlement of an earlier claimant. In such cases, the earlier claimant's entitlement determination
may be reopened under the rules of administrative finality regardless of how long
ago it was made (see GN 04020.020A.).
Termination of earlier claimant
Do NOT consider the rules of administrative finality on an adverse claim which results in
the termination of benefits to a previously entitled beneficiary (i.e., after the first month of election
(MOEL)). In such cases, a new initial determination is involved for the late filer's entitlement, not a reopening of the initial determination
that entitled the earlier claimant.
EXAMPLE: Prior to 1991, the termination of benefits to a deemed spouse due to the entitlement
of a legal spouse was possible. This is a new initial determination regarding the legal spouse's entitlement. There is no reopening of the original determination
that initially entitled the deemed spouse. Therefore, the rules of administrative
finality do not apply to the adverse claim (i.e., process the termination for the
deemed spouse per GN 00305.055).