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Notes

20 C.F.R. §§ 416.1487–416.1489

3 sections in range

§416.1487. Reopening and revising determinations and decisions.

20 C.F.R. § 416.1487

(a)
General. Generally, if you are dissatisfied with a determination or decision made in the administrative review process, but do not request further review within the stated time period, you lose your right to further review and that determination or decision becomes final. However, a determination or a decision made in your case which is otherwise final and binding may be reopened and revised by us.
(b)
Procedure for reopening and revision. We may reopen a final determination or decision on our own initiative, or you may ask that a final determination or a decision to which you were a party be reopened. In either instance, if we reopen the determination or decision, we may revise that determination or decision. The conditions under which we may reopen a previous determination or decision, either on our own initiative or at your request, are explained in § 416.1488.
Notes, amendments, and revision history

Amendments

[59 FR 8535, Feb. 23, 1994]

Authority

Authority: Secs. 702(a)(5), 1631, and 1633 of the Social Security Act (42 U.S.C. 902(a)(5), 1383, and 1383b); sec. 202, Pub. L. 108-203, 118 Stat. 509 (42 U.S.C. 902 note).

Source

Source: 45 FR 52096, Aug. 5, 1980, unless otherwise noted.

Amendments

[59 FR 8535, Feb. 23, 1994]

§416.1488. Conditions for reopening.

20 C.F.R. § 416.1488

A determination, revised determination, decision, or revised decision may be reopened—
(a)
Within 12 months of the date of the notice of the initial determination, for any reason;
(b)
Within two years of the date of the notice of the initial determination if we find good cause, as defined in § 416.1489, to reopen the case; or
(c)
At any time if it was obtained by fraud or similar fault. In determining whether a determination or decision was obtained by fraud or similar fault, we will take into account any physical, mental, educational, or linguistic limitations (including any lack of facility with the English language) which you may have had at the time.
Notes, amendments, and revision history

Amendments

[45 FR 52096, Aug. 5, 1980, as amended at 59 FR 1637, Jan. 12, 1994]

Authority

Authority: Secs. 702(a)(5), 1631, and 1633 of the Social Security Act (42 U.S.C. 902(a)(5), 1383, and 1383b); sec. 202, Pub. L. 108-203, 118 Stat. 509 (42 U.S.C. 902 note).

Source

Source: 45 FR 52096, Aug. 5, 1980, unless otherwise noted.

Amendments

[45 FR 52096, Aug. 5, 1980, as amended at 59 FR 1637, Jan. 12, 1994]

§416.1489. Good cause for reopening.

20 C.F.R. § 416.1489

(a)
We will find that there is good cause to reopen a determination or decision if—
(1)
New and material evidence is furnished;
(2)
A clerical error was made; or
(3)
The evidence that was considered in making the determination or decision clearly shows on its face that an error was made.
(b)
We will not find good cause to reopen your case if the only reason for reopening is a change of legal interpretation or administrative ruling upon which the determination or decision was made.
Notes, amendments, and revision history

Authority

Authority: Secs. 702(a)(5), 1631, and 1633 of the Social Security Act (42 U.S.C. 902(a)(5), 1383, and 1383b); sec. 202, Pub. L. 108-203, 118 Stat. 509 (42 U.S.C. 902 note).

Source

Source: 45 FR 52096, Aug. 5, 1980, unless otherwise noted.