1. a. 

   The beginning date for reopening all of the following determinations or decisions is counted from the date of the notice of the initial determination:

   Initial determination

   Revised initial determination

   Reconsideration determination

   Revised reconsideration determination

          ALJ decision

          Revised ALJ decision

          AC decision

          Revised AC decision

2. b. 

   The ending date for reopening is on the first or second anniversary of the beginning date as shown above. This is true even when the determination has been reconsidered or revised or a decision in the case has been rendered by an ALJ or the AC. When the period for reopening expires on a weekend, legal holiday, or any other day all or part of which is a non-workday by Federal statute or Executive Order, the period is extended to the next full workday.

   EXAMPLE: The notice advising a claimant that he did not qualify for an SVB benefit was dated 8/5/00. A reconsideration notice affirming this determination was dated 9/20/00. Beginning 8/6/01, we cannot reopen either of those determinations based on the 1-year rule. Beginning 8/6/02, we cannot reopen either of those determinations based on the 2-year rule. (Even though the reconsideration determination was made within the 2-year period, the initial determination notice was more than 2 years ago.)

The rules of administrative finality apply to initial determinations where a defective notice was sent (e.g., the appeal paragraph was omitted) the same as to initial determinations where a correct notice was sent. The time limits for reopening in both situations are counted from the date of the notice.

If the blanket denial paragraph is inadvertently omitted from the notice, it does not mean the notice is defective. It means the application is adjudicated and “closed” only with respect to the specific class of benefits identified in the title of the application form. Administrative finality would apply to the initial determination that was made on the specific class of benefits identified in the title of the application form. The application is not adjudicated and is still "open" with respect to the remaining classes of benefits within the scope of the application.

In certain initial claims situations, SVB claimants receive two initial determination notices. The qualification notice is sent first and advises that the claimant meets the general qualification requirements for SVB and that he/she must establish residence outside the United States in four months in order to receive SVB payments. (If the qualification requirements are not met, only one notice is sent.)

The subsequent award or denial notice advises the claimant whether or not SVB payments can actually be made depending on whether residence abroad has been established timely. The later notice (if an award notice) shows the amount of the SVB payment and any other benefit income used to reduce the payment.

If the rules of administrative finality come into play in situations where two claims notices were sent, the notice used to establish the time for reopening/revision would depend on the particular issue involved.

SSA does not send a notice when terminating payments due to the death of an SVB recipient. When SSA discovers an erroneous death termination, it can reopen and revise the determination during the 2-year period from the date of the initial determination (i.e., the date the death termination data were input to the system). Proof that the beneficiary is still alive is always new and material evidence. (See VB 01505.020.)

If more than 2 years have passed since the erroneous death termination action, see VB 02501.010 to establish good cause for late filing of an appeal. An appeal can be granted since there was no notice of termination due to death. (SSA Goldberg/Kelly procedures require written advance notice before termination of a living recipient's eligibility.)

Revision, if applicable, will depend on the effective date specified in the statute or regulations. Revision will also depend on whether the change has retroactive effect. Instructions relating to the change will specify the effective date and procedures on reopening and revision.

In a Federal class action case, the court may issue an order with retroactive effect requiring SSA to locate and reopen determinations with regard to all or some class members. If so, the normal rules regarding change of position do not apply. In such cases, we must comply with the order and reopen and revise all affected cases as directed, even if the notices of initial determination are more than 1 or 2 years old.