An error on the face of the evidence exists where the evidence that was considered
in making the determination or decision clearly shows on its face that an error was
made. That is, based on all of the evidence in the file and any evidence of record located in any SSA or DDS office at the time that the determination
or decision was made, it is clear that the determination or decision was incorrect.
See Also
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•
Reopenings - Error on the Face of the Evidence (GN 04010.020A.) for additional information on reopening on this basis under title II.
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•
Title XVI Administrative Finality – General Reopening Policies – Error on the Face
of the Evidence (SI
04070.010F.5.c.) for additional information on reopening on this basis under title XVI.
EXAMPLE: Error on the face of the evidence could exist where a medical report in file materially
affecting the end result of the prior determination was overlooked; or there was an
obvious and material misinterpretation of laboratory tests, x-rays or other medical
reports; or a report which was considered in deciding the claimant's case belonged
to another person; or policy was clearly misapplied, such as using the wrong medical-vocational
rule.
NOTE: A shift in weight of the evidence or a difference in inference drawn from the evidence
is not error on the face of the evidence.