TN 13 (06-11)

A. Policy when determination or decision becomes final

A determination or decision (initial or revised) is final as of the date of the notice unless:

• it is timely appealed; or

• a civil suit is filed; or

• it is appealed late but good cause for late filing of an appeal or civil suit is found; or

• the Appeals Council (AC ) takes jurisdiction on its own motion within 60 days of the date of the Administrative Law Judge (ALJ) decision; or

• the AC denies a request for review (does not issue a decision), in which case the ALJ decision is the final decision as of the date of the notice that the AC denied review; or

• it is reopened and revised (For information on role of notice in reopening, see GN 04001.040).

B. Significance of appeals period

The 65-day period (60 days plus 5 days for receipt of the notice) following the date of the initial determination is significant for determining whether an appeal has been filed timely. The date the appeal period ends has no significance in determining whether a determination or decision is final.

C. Change occurs within appeal period

If a change occurs within the appeal period, it does not alter the fact that the initial determination is final, unless it is appealed or reopened (or the AC initiates own motion review). For an example of a change during the appeal period, see GN 04001.040.