§ 349.2 - Conditions for reopening.

Copy with citation

Copy as parenthetical citation

A final decision may be reopened:

Within 12 months of the date of the notice of such decision, for any reason;

Within four years of the date of the notice of such decision:

If there is new and material evidence; or

If the decision was not reasonably consistent with the evidence of record at the time of adjudication.

At any time if:

The decision was obtained by fraud or similar fault;

The decision was that the claimant was not a qualified employee, and he or she is now qualified because compensation was credited to the employee's record of compensation in accordance with part 211 of this chapter:

To correct errors apparent on the face of the compensation record;

To enter items transferred by the Social Security Administration which were credited under the Social Security Act when they should have been credited to the employee's railroad retirement compensation record; or

To correct errors made in the allocation of earnings to individuals or periods which would have made him or her a qualified employee at the time of the decision if the earnings had been credited to his or her earnings record at that time;

The decision is wholly or partially unfavorable to a claimant, but only to correct a clerical error or an error that appears on the face of the evidence that was considered when the decision was made.

Previous Section

§ 349.1 - Reopening and revising decisions.

Next Section

§ 349.3 - Change of legal interpretation or administrative ruling.