20 C.F.R. § 410.672 Reopening initial, revised or reconsidered determinations of the Administration and decisions of an Administrative Law Judge or the Appeals Council; finality of determinations and decisions.
Title 20 - Employees' Benefits
An initial, revised or reconsidered determination of the Administration or a decision, or revised decision of an Administrative Law Judge or of the Appeals Council which is otherwise final under §410.621, §410.629, §410.655, or §410.666 may be reopened: (a) Within 12 months from the date of the notice of the initial determination (see §410.620), to the party to such determination, or (b) After such 12-month period, but within 4 years after the date of the notice of the initial determination (see §410.620) to the party to such determination, upon a finding of good cause for reopening such determination or decision, or (c) At any time, when: (1) Such initial, revised, or reconsidered determination or decision was procured by fraud or similar fault of the claimant or some other person; or (2) An adverse claim has been filed; or (3) An individual previously determined to be dead, and on whose account entitlement of a party was established, is later found to be alive; or (4) The death of the individual on whose account a party's claim was denied for lack of proof of death is established— (i) By reason of an unexplained absence from his or her residence for a period of 7 years (see §410.240(g)(2)); or (ii) By location or identification of his or her body; or (5) Such initial, revised, or reconsidered determination or decision is unfavorable, in whole or in part, to the party thereto but only for the purpose of correcting clerical error or error on the face of the evidence on which such determination or decision was based. [36 FR 23760, Dec. 14, 1971, as amended at 49 FR 46370, Nov. 26, 1984]
Title 20: Employees' Benefits
PART 410—FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, TITLE IV—BLACK LUNG BENEFITS (1969– )
Subpart F—Determinations of Disability, Other Determinations, Administrative Review, Finality of Decisions, and Representation of Parties
§ 410.672 Reopening initial, revised or reconsidered determinations of the Administration and decisions of an Administrative Law Judge or the Appeals Council; finality of determinations and decisions.
