20 C.F.R. § 416.1421
Effect of a reconsidered determination
The reconsidered determination is binding unless—
(a) You or any other party to the reconsideration requests a hearing before an administrative law judge within the stated time period and a decision is made;
(b) The expedited appeals process is used; or
(c) The reconsidered determination is revised.
Notes of Decisions
Cited in 7
cases (3 in the last 5 years), 1985–2024 · leading case: Disabled Rights Union v. Donna E. Shalala, Sec'y of Health & Human Servs., & Kenneth Kizer State of California, 40 F.3d 1018 (9th Cir. 1994).
Disabled Rights Union v. Donna E. Shalala, Sec'y of Health & Human Servs., & Kenneth Kizer State of California, 40 F.3d 1018 (9th Cir. 1994). “1409 (initial determination that benefits must be suspended, reduced, or terminated binding unless reconsideration is requested within 60 days after the date notice of the determination is received); 20 C.F.R. §§ 416.1421 , 416.1433 (reconsidered determination binding unless a…”
Taddonio v. Heckler, 609 F. Supp. 689 (E.D. Pa. 1985). “20 C.F.R. § 416.1421 . A 60 day appeal period begins to run after the recipient receives notice of the initial determination.”
Smith v. Soc. Sec. Admin., Comm'r of (D. Kan. 2022). “§ 405 (b)(1), 20 C.F.R. § 416.1421 . The adverse reconsideration decision is binding upon the individual if he does not timely request an ALJ hearing.”
Simmons v. Comm'r of Soc. Sec. (W.D. Mich. 2023). “See 20 C.F.R. § 416.1421 . But “binding” here just means that he can no longer challenge the determination with the SSA; it does not mean that it is reviewable in federal court.”
Davis v. Comm'r of Soc. Sec. (W.D. Tenn. 2024). “20 C.F.R. § 416.1421 (a). Assuming the claimant has the hearing before the ALJ and that ALJ renders an adverse decision, that decision is then appealable to the Appeals Council.”
Norman v. U.S. Dept. of Health & Human Servs., 13 F.3d 406 (10th Cir. 1993). “See 20 C.F.R. 416.1421; 416.1422 (1993). Mr. Norman has not included the written reconsideration decision in the record.”
Barton v. Sec'y of Health & Human Servs., 683 F. Supp. 1024 (D.S.C. 1988). “921 (DIB) and 20 C.F.R. § 416.1421 (SSI), are final and binding unless a hearing is requested and a decision is rendered.”
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