If the folder contains any material which is pertinent to the issue(s) decided by
the ALJ, but which is neither mentioned in the body of the decision, nor named in
the List of Exhibits, you may assume that it was not considered. The decision should
be referred to the AC for review if the evidentiary material not considered casts
doubt on the decision.
In the event that a prior determination could be reopened under the rules of administrative
finality, reopening is precluded if the hearing decision states specifically that
consideration was given to reopening that prior determination, and it was not reopened.
If a hearing decision does not clearly state that the ALJ considered and rejected
such a reopening and the FO cannot reopen under the criteria in SI 04070.000, the case should be referred to the AC for review, even if the prior application
(on which the prior determination was based) is listed as an exhibit.