For purposes of the Chavez AR, a decision by an ALJ or the AC on a prior disability claim that a claimant is
not disabled includes (see the NOTE below for exceptions):
A decision which found that a claimant was not under a disability and denied his or
her disability claim; or
A decision which found that a beneficiary's/recipient's disability had ceased or that
a claimant's disability had ceased (including a decision awarding a closed period
NOTE: Such a decision by an ALJ or the AC is not within the scope of the Chavez AR if it was based on the individual’s failure to cooperate, failure to follow prescribed
treatment, or whereabouts unknown. See DI 52755.005 (third bullet).