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20 C.F.R. §§ 416.1488–416.1489

2 sections in range

§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.