I-3-9-2.Computing the Time Periods for Reopening

Last Update: 9/08/05 (Transmittal I-3-36)

A. Compute from the Date of the Initial Determination

To determine whether the Appeals Council can reopen a determination or decision, compute the time elapsed between the date of the notice of the initial determination on the prior application and the filing date of the current application or the date of receipt of the letter, etc., in which the claimant requested reopening. These dates determine whether or not reopening is permissible and if so, under what criteria. The criteria for reopening are discussed in I-3-9-3 and I-3-9-4.

B. “Domino” Theory not Applicable under the Reopening and Revision Regulations

If a current application is pending before the Appeals Council and the conditions for reopening exist, the Council will reopen the determination or decision made on the prior application. However, the Appeals Council will not apply a “domino” theory to reopen a determination or decision made on an even earlier application if reopening criteria for the pertinent time period between the date of notice of the initial determination on the “even earlier application” and the filing date of the claimant's current application or written request are not met.

The criteria for reopening the final determination on the “even earlier application” are determined by the length of time elapsed from the date of the notice of the initial determination on the “even earlier application” to the date of filing of the current application or request for reopening, not to the date of filing of the prior application which is being reopened.