An individual can file for reconsideration of the denied EXR request and a new initial
claim, if applicable. The individual also has a right to make a new EXR request. If
the individual chooses to request a reconsideration of the EXR decision, process the
reconsideration per EXR instructions contained in this section. An initial claim will
be processed through normal initial claim processing procedures.
There are special considerations in processing joint EXR and initial claim actions,
refer to DI 13050.090. When an EXR request and simultaneous initial claim both require medical decisions
the initial claim will be escalated to the reconsideration level (see DI 12045.030 and DI 28057.025). Per the statute, the original EXR request will serve as a protective writing for
the new initial claim. See DI 13050.090 for processing instructions.
Forward the EXR reconsideration and new initial claim to the DDS in the same folder.
If the individual elects to file a new EXR request, process the request following
the appropriate procedures established in this chapter, but do not initiate a new
period of provisional benefits if provisional benefits were paid on the first EXR
request - see DI