TN 3 (02-95)

GN 01703.630 Administrative Finality Under International Agreements

A. Introduction

The normal rules on administrative finality (GN 04000.000) apply to claims filed under an agreement except as noted below.

B. Policy

1. Time limits under the 1 or 4 year rule

Reopening a determination or decision under either the 1 or 4-year rule requires, in part, a written request by the party within the applicable time limit. For purposes of determining if a request was filed timely, the date of filing with a foreign agency is considered as the date of filing with SSA.

2. Totalization applications as new and material evidence

Totalization involvement does not alter the fact that initial determinations may be reopened for any reason within 1 year of the notice of initial determination, provided the determination was not correct at the time it was made (GN 04001.030).

The filing of a totalization application in itself does not constitute new and material evidence for finding "good cause" to reopen an RSDI determination under the 4-year administrative finality rule. The prior determination may be reopened only if new and material evidence is presented which, if available at the time of the earlier determination, would have resulted in a different determination.

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GN 01703.630 - Administrative Finality Under International Agreements - 12/01/1995
Batch run: 10/17/2016