Subject: Post Adjudicative Actions
The regulations at 20 CFR §§ 404.989 and 416.1489 provide that a change of a legal interpretation or administrative ruling on which a determination or decision was made (i.e., a change of position) is not “good cause” for reopening.
Because good cause is not required for reopening under the 12-month rule (i.e., reopening “for any reason” pursuant to 20 CFR §§ 404.988(a) and 416.1488(a)), reopening based on a change of position is allowed within 12 months of the date of the initial determination. However, it is the policy of the Social Security Administration to reopen and revise a determination or decision based on a change of position only if the resulting revised determination or decision would be favorable to the claimant.
This transmittal revises §§ I-3-903 and I-3-904 E. to more clearly reflect SSA's definition of a change of position, and its policy on reopening on that basis.
Remove from Chapter I-3-900:
I-3-901 through I-3-902 B., dated June 30, 1993 (2 pages) and, I-3-904 D. through I-3-904 G. 2., cont., dated June 30, 1993 (2 pages).
Insert in Chapter I-3-900:
I-3-901, dated June 30, 1993 through I-3-902 B., cont., dated November 18, 1993 (2 pages) and, I-3-904 D., dated November 18, 1993 through I-3-904 G. 2. cont., dated June 30, 1993 (2 pages).
Date: November 18, 1993