On August 2, 2003, the claimant files a subsequent application for SSI benefits as
an aged individual and is found eligible. The notice of initial determination denying
them benefits on a prior application because of excess income was dated June 16, 2002.
They appealed, and their first claim was ultimately denied by an ALJ on January 18,
In developing the current claim, you find out that a decimal was misplaced in developing
the prior application, making it appear that their monthly income was $2,900.00 when
it was really $290.00. Because they waived their right to personal appearance before
the ALJ, neither the claimant nor the ALJ caught the error.
You cannot reopen and revise the prior decision, because it was made by the ALJ. Make
a determination based on the current application and effectuate it. Then, forward
the folder to the Hearing Office where the decision on the prior application was made
under cover of a memorandum explaining the error. This will provide an opportunity
for the ALJ to reopen and revise the earlier decision.