If queries indicate that the claimant is eligible for Hyatt III relief (see DI 32548.010B.3.b.) and the PC is unable to locate a Hyatt III claims file, the FO will initiate folder reconstruction. After completing its development,
the FO will forward the file to the DDS. The DDS will:
Reconstruct the evidence for the reopening or redetermination period following DI 20502.030.
Conduct Hyatt III review based on the reconstructed file.
If the file cannot be reconstructed:
Adjudicate the claim based on current evidence.
In the absence of substantial contrary evidence such as contrary medical judgment,
a traumatic onset, or new impairment, infer that the class member was disabled as
of the earliest date upon which all other requirements for disability benefits, including
the filing of a claim, were met within the class period if the class member has been
found disabled on a subsequent claim.
In addition, if the class member has not been found disabled on a subsequent disability
claim and if evidence of the past condition is not readily available, presume that
the class member"s past condition and impairments were as they are currently if such
a presumption is reasonably based on the nature of the impairment.