TN 12 (06-95)
GN 03103.140 Issues Decided by ALJ
The ALJ will consider all issues brought out in the initial, reconsidered or revised determination.
The ALJ may (but is not obligated to) consider and decide a new or related issue on which an initial and reconsidered determination was not made, provided claim is not within jurisdiction of a DDS. This may be done either at the request of the claimant or on the ALJ's own motion. This enables ALJ to dispose of case in its entirety. ALJ must give claimant written notice about including the new issue at least 20 days before hearing unless claimant waives notice. See GN 03101.001E.
The ALJ will follow the procedures in HALLEX I-2–8–30 in disability cases if disallowance was based on non-disability factors and no initial disability determination was made. If the disallowance was based on a disability factor and the ALJ makes a favorable disability decision, the ALJ can also decide on non-disability factors (after sending the notice in 1. above). If the ALJ reverses an insured status denial and an SSA-7010-U5 or SSA-7000-U5 is needed, the folder is first sent to the PC to correct the E/R and determine when insured status is first and last met; then it will be sent to the DDS for the medical decision.