C.F.R. » Title 20 » CHAPTER III—SOCIAL SECURITY ADMINISTRATION › PART 416—SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED › Subpart N—Determinations, Administrative Review Process, and Reopening of Determinations and Decisions

20 C.F.R. § 416.1409

How to request reconsideration

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(a) We shall reconsider an initial determination if you or any other party to the reconsideration files a written request at one of our offices within 60 days after the date you receive notice of the initial determination (or within the extended time period if we extend the time as provided in paragraph (b) of this section).

(b) Extension of time to request a reconsideration. If you want a reconsideration of the initial determination but do not request one in time, you may ask us for more time to request a reconsideration. Your request for an extension of time must be in writing and it must give the reasons why the request for reconsideration was not filed within the stated time period. If you show us that you had good cause for missing the deadline, we will extend the time period. To determine whether good cause exists, we use the standards explained in § 416.1411.

Notes of Decisions
Cited in 15 cases (3 in the last 5 years), 1985–2024 · leading case: Jean D. Byam v. Jo Anne Barnhart, Commissioner, Social Security Administration
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Jean D. Byam v. Jo Anne Barnhart, Commissioner, Social Security Administration (2003) ca2 “20 C.F.R. § 416.1409 (a). If the claim has been denied on reconsideration, the claimant may request a hearing before an ALJ within sixty days.”
Donald Brandyburg v. Louis W. Sullivan, Secretary of Health and Human Services (1992) ca5 “2 The regulations impose sixty-day limitation periods on each stage: on seeking reconsideration ( 20 C.F.R. § 416.1409 (a)), on requesting a hearing before an AU {id.”
Britton v. Astrue (2008) mnd “20 C.F.R. § 416.1409 (a). A claimant who is dissatisfied with the reconsidered decision may obtain administrative review by an ALJ.”
Bronstein v. Apfel (2001) cod “20 C.F.R. § 416.1409 . A request for waiver may be submitted at any time, including after the overpayment has been completely recovered.”
Medellin v. Shalala (1994) ca8 “…days after each determination to request review at the next stage. See, e.g., 20 C.F.R. § 416.1409 (a). . A decision regarding a claimant's social security benefits becomes final either by failing to request further administrative review within the requisite time period…”
Taddonio v. Heckler (1985) paed “20 C.F.R. § 416.1409 (a); see also 20 C.”
Raquinio v. Saul (2020) hid · cites it 2× “…had 60 days from that denial to file a request for reconsideration. See 20 C.F.R. § 416.1409 (a). The SSA allows “an additional 5 days for mailing,” thus the deadline for Plaintiff to request reconsideration was June 11, 2018. See ECF No. 1-1 at PageID #5. Because…”
Anderson v. Berryhill (2018) mnd “…8 The same is true with respect to requests for reconsideration. See 20 C.F.R. § 416.1409 (b). See supra n.7. IV. ORDER Based upon the record, memoranda, and the proceedings herein, IT IS HEREBY ORDERED that:”
Richter v. Social Security Administration (2019) ned “…notice of overpayment, absent a showing of good cause for a delayed filing. See 20 C.F.R. § 416.1409 . An SSI beneficiary may request both a reconsideration of the overpayment determination and a waiver of overpayment collection. See POMS, § SI 02201.025A. A request for…”
Richter v. Social Security Administration (2020) ned “” As the court explained in its previous Memorandum and Order, a plausible due process claim could exist if (1) Plaintiff made a timely request for reconsideration of the overpayment decision, see 20 C.F.R. § 416.1409 , or a request for a waiver of the overpayment, see 20 C.”
WOODINGTON v. COMMISSIONER OF SOCIAL SECURITY (2021) njd “143, or “good cause[,]” 20 C.F.R. § 416.1409 (b), for the failure to timely appeal in writing the SSI denial within the 60-day period.”
Seid v. Commissioner of Social Security (2024) ohsd “25-2 at 43– 46); see 20 C.F.R. 416.1409. His case was reviewed, and his request was denied the next month.”
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