We will reopen an initial determination, reconsidered determination, Administrative Law Judge (ALJ) decision, or Appeals Council (AC) decision pertaining to the application, whichever is most recent, based on a request made within one year of the notice of the initial determination.

The new policy then applies beginning with the month of the effective date of filing, even if it precedes December 1990.

We will reopen the initial or reconsidered determination, ALJ decision, or AC decision pertaining to a redetermination or post eligibility (PE) event based on a request made within one year of the notice generated by an initial determination pertaining to a redetermination or PE event. (SI 04010.010 discusses what an initial determination is and SI 04070.060 discusses when a redetermination is an initial determination.)

The new policy applies beginning with the month of the notice of the initial determination.

We will reopen a deemed determination (as defined in SI 04070.015 through SI 04070.030) based on a request made within one year of the first day of the month to which it applies.

The new policy then applies beginning with that month.

If we made the most recent of these determinations during the period of November 10, 1986 through November 14, 1988 (the date of the court decision in Hickman v. Bowen through the publishing date for the Hickman Acquiescence Ruling (AR)), there is no time limit on when the recipient may request application of the new policy. The rules in GN 03501.015 on readjudication apply to such requests.

In readjudicating one of these determinations, the new policy applies to all months covered by the initial determination, including months prior to the court's decision.

If we made the most recent of these determinations during the period November 1, 1986, through November 14, 1988 (the first day of the month of the court decision in Hickman v. Bowen through the publishing date for the Hickman AR), there is no time limit on when an recipient can request application of the new policy to it.

The new policy then applies beginning with the month of the notice of initial determination. See SI 04070.060 SSI Posteligibility Actions.

Deemed determinations are not subject to readjudication. However, we may reopen a deemed determination (as defined in SI 04070.015 through SI 04070.030) based on a request made within one year of the first day of the month to which it applies.

Same as SI 00835.481A.3.a. in this section, except that the determination for readjudication must meet the dates from May 15, 1991 (the date of the court decision in Cequerra v. Secretary of Health and Human Services) through September 8, 1992, (the publishing date for SSR 92-8p).

Like SI 00835.481A.3.b. in this section, except that the determination for readjudication must meet the dates May 1, 1991 through September 8, 1992 (the first day of the month in which the Cequerra court decision was rendered through the date SSR 92-8p was published), and the new policy then applies beginning with the month of the notice of the initial determination, see SI 04070.060.

See SI 00835.481A.3.c. in this section.