Reply To: Underlying Entitlement

#9672
Kevin D
Participant

As has been stated many times before, underlying entitlement doesn’t have some mystical status that separates it from any other decision.

Assuming that the LA applies u/e in the first place (or at least provides the clmt the opportunity to provide info), the decision gets made, the clmt gets notified and that is that.

Whatever subsequently happens (e.g. reconsideration / appeal / new evidence) is subject to exactly the same regs (i.e. DARs) as any other decision (e.g. a backdate decision). U/e cases have no immunity, nor do they have some self-contained set of rules that renders the usual regs impotent.

Hope the above helps.