I-2-9-30.Reopening for Any Reason Within 12 Months
Last Update: 7/27/15 (Transmittal I-2-145)
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.