TN 3 (01-89)

A. Definition

Diligent pursuit means that in light of the facts and circumstances of a case, necessary action is undertaken and carried out as promptly as the circumstances permit.

B. Operating Policy

1. Conditions

We may revise a determination or decision either favorably or unfavorably after the applicable time limit for reopening expires if:

1. We reopen the determination or decision and start our investigation before the applicable time limit expires; and

2. We conclude the investigation and revise the determination or decision within 6 months from the date we began the investigation. If the investigation takes more than 6 months, then SSA will have to show that it was diligently pursued if the revision would be unfavorable to the individual.

2. If A Case Is Not Diligently Pursued

We will not revise the determination or decision when the result will be unfavorable for the individual. We will revise the determination or decision when the result will be favorable for the individual.