When an ALJ reopens a determination or decision that is otherwise final and binding, the ALJ must include in the decision a finding on the reopening and revision issue with supporting rationale for the ALJ's action.

If an ALJ is reopening an unfavorable determination or ALJ decision on a prior application to issue a fully or partially favorable revised decision on the prior application, the revised decision must contain the following information:

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  The date of the prior determination or decision, an explanation of the basis for reopening, and the specific part(s) of the determination or decision being revised;

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  The reasons for the revision;

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  Reference to the appropriate law and regulations;

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  A summary of any new and material evidence;

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  A complete rationale; and

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  Revised findings and decisional paragraph(s), as appropriate.

If a claimant explicitly requests reopening of a determination or decision on a prior application, the ALJ will include in the decision a finding on the reopening and revision issue, with supporting rationale. Additionally, if the ALJ informed the claimant in the notice of hearing or on the record during the hearing that he or she would consider reopening and revision of a prior determination or decision, the ALJ will address the reopening and revision issue in his or her decision on the current application, regardless of the outcome of the decision.

In all other circumstances, if the ALJ has jurisdiction and the additional evidence does not warrant reopening a prior determination or decision, the ALJ will:

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  Not make a finding on the issue of reopening the prior determination or decision if issuing an unfavorable decision;

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  Include in the decision appropriate findings and rationale on the reopening and revision issue if issuing a partially or fully favorable decision on the current application; or

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  Address the reopening and revision issue in his or her decision on the current application, regardless of the outcome of the decision, if the ALJ informed the claimant in the notice of hearing or on the record during the hearing that he or she would consider reopening and revising a prior determination or decision.