If fewer than 4 years have elapsed since the date of the initial notice for the prior
determination or decision in a title II claim, process the prior application to payment
according to the instructions in DI 42010.020. Use the date of the prior application in Block 3 of the determination Form SSA-831.
Do not refer the case to the Office of Appellate Operations (OAO) as a protest case
solely because the ALJ did not provide a basis for reopening.
If more than 4 years have elapsed since the initial notice of the prior determination
or decision in a title II claim, and the ALJ reopens and revises a prior determination
or decision to a favorable decision without explaining why the rules for unrestricted
reopening apply, expedite payment on the current application before the ALJ. Prepare
an SSA-567 referring the file to the proper reviewing technician to prepare a protest
memorandum to the OAO based on the reopening issue. For protest memorandum guidelines
and procedure see DI 42010.080.