TN 2 (06-08)
“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.
Diligent Pursuit (GN
Policy – Diligent Pursuit (SI 04070.040B.)
Policy – When Revision is not Complete Within 6 Months (Diligent Pursuit) (SI 04070.040I.)
Exhibit – Diligent Pursuit Chart (SI 04070.040J.)
Examples - Diligent Pursuit (SI 04070.040K.)
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.).
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.