When it has been determined that an individual is eligible for SSI payments, they
should be able to rely on that determination. Moreover, it is a well established principle
in Federal payment programs that, generally, the administrative agency should not
be required to establish findings of fact after the lapse of a considerable time from
the date of the events involved. The regulations, therefore, prescribe time limits for the reopening of determinations
and
decisions. An initial, reconsidered, or revised determination, or a decision or revised decision
of an ALJ or the AC becomes final and binding on the parties to it after the expiration
of the time limit provided for the appropriate appeal:
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•
if the recipient has not filed a timely request for such appellate review, and,
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•
unless special circumstances exist which permit its reopening and revision.
The rules regarding administrative finality are set by regulation, not statute, under
the Commissioner’s rulemaking authority under Section 1631(a) (1) of the Social Security
Act. The regulatory language parallels administrative finality regulations for Titles
II and XVIII.