---
kind: "section"
citation: "20 C.F.R. § 408.1070"
title: "20"
number: "408.1070"
heading: "When will we reopen a final determination?"
url: "https://uscodex.org/cfr/20/408.1070"
---

# §408.1070. When will we reopen a final determination?

- (a) **General rules.** For purposes of this part, we use the same rules on reopening and revising determinations and decisions that we use in the title XVI program (see [§§ 416.1487-416.1494](/cfr/20/416.1487-416.1494.md) of this chapter), except as noted in [paragraph (b)](#b) of this section.
- (b) **Exceptions.**
  - (1) In addition to the rule stated in [§ 416.1488](/cfr/20/416.1488.md), a determination, revised determination, or revised decision may be reopened at any time if it was fully or partially unfavorable to you, but only to correct—
    - (i) A clerical error; or
    - (ii) An error that appears on the face of the evidence that we considered when we made the determination or decision.
  - (2) In [§ 416.1492(b)](/cfr/20/416.1492.md?p=b), the parenthetical clause is deemed to read “(see [§ 408.820](/cfr/20/408.820.md)),” and paragraph (d) does not apply to this part.
  - (3) In [§ 416.1494](/cfr/20/416.1494.md), the words “one of our offices” in the first sentence are deemed to read “any of the offices listed in [§ 408.1009(b)](/cfr/20/408.1009.md?p=b).”

## Notes

### Amendments

[69 FR 25955, May 10, 2004, as amended at 75 FR 44138, July 28, 2010]

### Authority

Authority: Secs. 702(a)(5) and 809 of the Social Security Act (42 U.S.C. 902(a)(5) and 1009).

### Source

Source: 69 FR 25955, May 10, 2004, unless otherwise noted.

### Source

Source: 68 FR 16418, Apr. 4, 2003, unless otherwise noted.

### Amendments

[69 FR 25955, May 10, 2004, as amended at 75 FR 44138, July 28, 2010]