Subject: Reopening and Revision
This transmittal clarifies and updates the guidelines relating to reopening and revision contained in HALLEX Chapter I-2-9. These revisions eliminate outdated references to Black Lung Benefits and the Medicare program. The updates also reflect changes in the Code of Federal Regulations (CFR), and include hyperlinks to other relevant sections of the Act, the CFR, and to cross-references within the HALLEX.
I-2-9-1 is revised to remove references to Medicare, and to streamline the transmittal for style and content. References to specific circuit court rulings are removed. Adjudicators should be familiar with the rules for their own circuit regarding reopening.
I-2-9-10 A. has been updated to replace a reference to the former Office of Civil Actions with the Court Case Preparation and Review Branch in the Office of Appellate Operations.
I-2-9-30 is revised to remove references to the Medicare program.
I-2-9-40 is revised to remove references to the Black Lung Benefits program, and to consolidate the definition of good cause in Titles II and XVI. The term “change of position” has been replaced with “change of legal interpretation or administrative ruling” throughout, for clarity.
I-2-9-50 is revised to remove a reference to the Black Lung Benefits program.
I-2-9-60 is revised to remove references to the Black Lung Benefits and Medicare programs.
I-2-9-65 is revised to reflect more accurately the different conditions necessary for similar fault between Title II and Title XVI cases, which are addressed in two different SSRs, 00-2p (Titles II and XVI) and 85-23 (Title XVI only), referenced in SSR 00-2p.
I-2-9-80 is revised to eliminate references to the Black Lung Benefits program and to include the requirements for notices to the claimant of proposed revision of a prior decision, as well as the required contents of the revised decision.
Editorial revisions have been made throughout the chapter.
Date: September 28, 2005