Last Update: 7/27/2015 (Transmittal I-2-145)
HA 01290.030 Reopening for Any
Reason Within 12 Months
Renumbered from HALLEX section I-2-9-30
An administrative law judge (ALJ) has the authority to reopen
an initial, revised or reconsidered determination, or a hearing
decision or revised hearing decision under title II or title XVI
of the Social Security Act for any reason within 12 months from
the date of the notice of the initial determination (see 20 CFR 404.988(a) and 416.1488(a)).
However, reopening within 12 months is not automatic. An ALJ
can deny a request to reopen within 12 months if there is no reason
to revise the prior determination or decision.
This does not mean the claimant has
to submit a reason for revising the prior determination or decision.
Rather, the ALJ must evaluate whether the record demonstrates a
reason for revising the prior determination or decision.