---
kind: "section"
citation: "20 C.F.R. § 349.2"
title: "20"
number: "349.2"
heading: "Conditions for reopening."
url: "https://uscodex.org/cfr/20/349.2"
---

# §349.2. Conditions for reopening.


A final decision may be reopened:

- (a) Within 12 months of the date of the notice of such decision, for any reason;
- (b) **Within four years of the date of the notice of such decision—**
  - (1) If there is new and material evidence; or
  - (2) If the decision was not reasonably consistent with the evidence of record at the time of adjudication.
- (c) **At any time if—**
  - (1) The decision was obtained by fraud or similar fault;
  - (2) The decision was that the claimant was not a qualified employee, and he or she is now qualified because compensation was credited to the employee's record of compensation in accordance with [part 211](/cfr/20/part211.md) of this chapter:
    - (i) To correct errors apparent on the face of the compensation record;
    - (ii) To enter items transferred by the Social Security Administration which were credited under the Social Security Act when they should have been credited to the employee's railroad retirement compensation record; or
    - (iii) To correct errors made in the allocation of earnings to individuals or periods which would have made him or her a qualified employee at the time of the decision if the earnings had been credited to his or her earnings record at that time;
  - (3) The decision is wholly or partially unfavorable to a claimant, but only to correct a clerical error or an error that appears on the face of the evidence that was considered when the decision was made.

## Notes

### Authority

Authority: 45 U.S.C. 355 and 362(l).

### Source

Source: 65 FR 66499, Nov. 6, 2000, unless otherwise noted.