Considering there are many different appeal options on denial notices issued by the Social Security Administration, it is difficult to know when a decision made by Social Security denying a disability claim is final. Typically a final decision comes at the federal court level, but there is always a possibility that Social Security, if asked, can reopen final determinations and reconsider them. It happens very rarely, but still remains a possibility.
When Can SSA Reopen A Final Determination Or Decision?
A final determination, revised determination, decision or revised decision may be reopened and revised by a Social Security office, an Administrative Law Judge (ALJ) or the Appeals Council within certain time limits and under certain conditions. Social Security may decide to reopen a final determination or decision on its own or as a result of receiving a written request from a claimant or beneficiary. A decision not to reopen a determination or decision is not an initial determination and is not subject to appeal.
When Can SSA Reopen A Determination Or Decision Within 12 Months?
Social Security can reopen determinations or decisions within 12 months from the date of the notice of the initial determination for any reason.
When Can SSA Reopen A Determination Or Decision Within 24 Months?
Social Security can reopen determinations or decisions within 24 months from the date of the notice of the initial determination if:
- Social Security receives new and material evidence;
- Social Security made a clerical error; or
- The evidence that SSA used in making the determination or decision clearly shows on its face that the determination or decision was incorrect.
When Can We Reopen A Determination Or Decision At Any Time?
Social Security can reopen a determination or decision at any time if:
- It was fully or partially unfavorable to you, but only to correct:
- clerical error; or
- an error that appears on the face of the evidence that we considered when we made the determination or decision.
- It was obtained by fraud or similar fault by the claimant or beneficiary, or some other person.
