To allow time for AC action within the 60 day limit, you must discover an improper reopening within 45 days after the ALJ decision. If you find an improper reopening within that time, call the Programs Staff in the RO. If the RO agrees the prior denial was reopened improperly, send the folder to the Deputy Director, Office of Appellate Operations, OARO, OAO, 5107 Leesburg Pike, Falls Church, VA 22041-3255 via route slip. Annotate on the route slip:
“AC review requested per Regulation 416.1469. Hearing decision reopened prior denial over 2 years old. Regional memorandum to follow.”
When the RO sends a memorandum per SI
04030.060B.2 pay the claim prospectively. Withhold retroactive payment on the improperly reopened application until the AC responds to the RO memorandum.