The regulations that require a notice for an initial determination contemplate sending
a correct notice. We consider that an initial determination is correct even if we
send an incorrect notice (for example. an allowance instead of a denial).
When making a determination or decision with respect to eligibility, amount, or the
actual payment of benefits, the claimant to whom that determination or decision applies
should be able to rely on its correctness. Once issued, the initial determination
is binding unless appealed or revised.
If the claimant files a reconsideration request after the time limit for filing an
appeal has expired, we would find good cause for extending the time limit due to misinformation
resulting from the defective notice.