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, if the official claim file is paper, to
Social Security Administration, Office of Appellate Operations, Attn: QRB 1, 6401
Security Blvd., Baltimore, MD 21235-6401. Annotate on the route slip:
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“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.