The NH was awarded benefits based on a PIA of $450.00 beginning April 1995. Their
claim was adjudicated using earnings through 1994. Notice of the award was sent 05/15/95.
Their initial PIA was increased by a COLA to $461.70 effective 12/95.
The computer run of 10/97 AERO included credit for duplicate postings of 1994 earnings
as well as the correct amount of the worker's 1995 earnings. This action increased
the worker's PIAs to $460.00 effective 04/95, $471.90 effective 12/95, and $475.00
In 07/99 a CA reviews a category 5 PIA LOW exception from the 10/98 AERO run and establishes
an affirmative action in writing. The CA determines that the prior PIAs included credit
for a duplicate posting for 1994 which has now been removed from the earnings record.
Based on the correct earnings, the PIAs would be $450.00 effective 04/95 and $470.00
None of the reasons for unrestricted reopening apply. The recalculation that incorrectly
increased the 04/95 PIA in the 10/97 AERO run was a revised determination. Since
the CA is reviewing the case in 07/99, more than four years after the 05/95 notice,
the incorrect 04/95 benefit amount (MBA) based on the revised PIA determination is
protected by administrative finality.
The prior AERO run in 10/97 had also processed a recomputation effective 01/96 increasing
the PIA to $475.00. This recomputation, which included the incorrect 1994 earnings
and correct 1995 earnings, was an initial determination. The CA can reopen this recomputation
since the date (07/99) the CA is working the AERO exception is within four years of
the notice of recomputation. The CA cannot, however, decrease the 01/96 MBA to less
than the 12/95 benefit amount (protected 04/95 MBA plus the COLA). Although the correct
recomputation PIA effective 01/96 would be $470.00, the CA can only reopen the 01/96
recomputation to lower the MBA to the protected amount, which was based on the incorrect
PIA of $471.90. This amount plus subsequent COLAs will remain in effect unless a
subsequent recomputation using the correct earnings increases the MBA to a higher