Background

The regulations at 20 CFR §§ 404.989 and 416.1489 provide that we will not find good cause to reopen a determination or decision if the only reason for reopening is a change of legal interpretation or administrative ruling (i.e., a change of position) upon which the determination or decision was made.

Because good cause is not required to reopen a determination or decision under the 12-month rule (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 notice of the initial determination. However, it is the Social Security Administration's (SSA's) policy 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.

Explanation of Content and Changes

This transmittal revises HALLEX I-2-940 E., Effect of Change of Position, to more clearly reflect SSA's definition of a change of position, and its policy on reopening on that basis.

Remove

Remove from Chapter I-2-900:

I-2-940 A. cont., through I-2-940 C. 1. cont., dated June 30, 1993 (2 pages).

Insert

Insert in Chapter I-2-900:

I-2-940 A. cont., dated June 30, 1993 and I-2-940 C. 1. cont., dated November 19, 1993 (2 pages).

Date: November 19, 1993