TN 3 (01-89)

A. Introduction

To reopen a determination or decision:

A written request(i.e., affirmative action in writing) must be filed by the party to the determination or decision within the applicable time limit (i.e., one or four years from the date of notice of initial determination); or

SSA must takesome affirmative action in writingwithin the applicable time limit questioning the correctness of the determination or decision.

B. Policy Principle — Affirmative Action In Writing

An affirmative action in writing is a written statement madeeither by the claimant or SSAwhich indicates that there is a basis for disagreementwith the correctness of a determination or decision. It can only result from an action taken by an adjudicator and not from a computer action.

A new application for benefits, does not constitute an affirmative action in writing. However, if the new application for benefits includes a statement that indicates the prior determination is incorrect, then the statement on the application would be an affirmative action in writing.

If the new application is accompanied by new and material evidence, see GN 04010.030.

If the new application is submitted without new evidence and SSA develops and obtains additional evidence which shows the prior determination was incorrect, then the development request is an affirmative action in writing.