Code of Federal Regulations (alpha)

CFR /  Title 20  /  Part 408  /  Sec. 408.1070 When will we reopen a final determination?

(a) General rules. For purposes of this part, we use the same rules on reopening and revising determinations and decisions that we use in the title XVI program (see Secs. 416.1487-416.1494 of this chapter), except as noted in paragraph (b) of this section.

(b) Exceptions. (1) In addition to the rule stated in Sec. 416.1488, a determination, revised determination, or revised decision may be reopened at any time if it was fully or partially unfavorable to you, but only to correct--

(1) In addition to the rule stated in Sec. 416.1488, a determination, revised determination, or revised decision may be reopened at any time if it was fully or partially unfavorable to you, but only to correct--

(i) A clerical error; or

(ii) An error that appears on the face of the evidence that we considered when we made the determination or decision.

(2) In Sec. 416.1492(b), the parenthetical clause is deemed to read ``(see Sec. 408.820),'' and paragraph (d) does not apply to this part.

(3) In Sec. 416.1494, the words ``one of our offices'' in the first sentence are deemed to read ``any of the offices listed in Sec. 408.1009(b).'' [69 FR 25955, May 10, 2004, as amended at 75 FR 44138, July 28, 2010]