TN 2 (06-08)
DI 27505.005 Late Completion of Timely Investigation: Diligent Pursuit
A. Definition of “Diligent Pursuit”
“Diligent Pursuit” means that in light of the facts and circumstances of a case, necessary action is undertaken and carried out as promptly as the circumstances permit.
B. When it Applies
Diligent pursuit only applies to reopenings with defined time limits. Diligent pursuit would, therefore, not apply to reopenings that fall under the “at any time” rule referenced in Conditions for Reopening a Final Determination or Decision (DI 27505.001A.4.).
C. Diligent Pursuit Provisions
Consider the following diligent pursuit provisions:
Diligent pursuit allows for revising a determination when an investigation begins within the applicable time limit, but the time limit subsequently lapses before the revision is completed. An investigation begins when a written statement pursuing the reopening is made per Requirements Before Reopening (DI 27501.005B.2.c. or DI 27501.005B.2.d.).
Diligent pursuit will be presumed to have been met if the investigation and, if necessary, a revised determination are completed within 6 months from the date the investigation began. If the investigation and revision take longer than 6 months, SSA must show that the issue was diligently pursued.
NOTE: If the investigation was not diligently pursued to its conclusion, the determination may be revised only if the revision is favorable to the claimant.