Where an award was approved to a claimant on the wrong E/R, a claim by the correct
SSN holder is not an adverse claim. When this happens, see if the first claimant's
award on the incorrect E/R can be reopened under the rules of administrative finality
(see GN 04001.010). If it cannot be reopened, transfer the award to his/her correct SSN. Payment should be continued
on his/her correct SSN using the rates established on the incorrect E/R. If the first
claimant's correct E/R gives a higher benefit than the incorrect E/R,consider doing
a recalculation on the correct E/R (see GN 04030.050E.). If an error on the face of the evidence caused payments to the first claimant to
be made on the wrong E/R, the recalculation will be effective with his/her first MOE.
(Since error on the face of the evidence applies to individuals, not to E/R's, we can determine the MOE to a recalculation on the correct E/R based on whether there was an error on the face on the incorrect E/R, i.e.,the same individual is involved on both E/R's). Otherwise, it will be effective
the month we discovered the error.