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Reopening

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PDF Document Carrasquillo v. Sec’y HHS, No. 83-1013, 725 F. 2d 665

Reopening for revision of earnings record (20 CFR §404.990) supplants reopening for good cause (20 CFR §404.989).

12/15/1983
Westlaw Citation Gilbert V. Sullivan Sec'y HHS

Notice - reopening Secretary could not constitutionally refuse to reopen plaintiff's first application and that claimant should have been awarded SSDI benefits reverse remand.

1/1/1995
Westlaw Citation McCuin V. Sec'y HHS

Own motion reopening by Appeals Council limited to 60 days; reopening after 60 days allowed only on the motion of claimants. Court gives considerable deference to an agency's interpretation of its own regulations,and construe the provisions of the relevant regulations and statutes to have cohesive meaning. Where only declaratory and injunctive relief sought, plaintiffs not required to identify class members once the existence of the class has been demonstrated. Courts have broad discretion to grant or deny class certification. Class certification issue remanded where plaintiff's lack of evidence supporting class certification was due to defendant's failure to respond to discovery requests.

1/1/1987
Westlaw Citation Pasquale V. Finch

Plaintiff must show an attempt to reopen for "good cause" within four years of the "notice of initial determination."

1/1/1969


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