POMS Reference

DI 270: Reconsideration Case Processing

BASIC (03-10)

Reconsideration involves a thorough independent examination of all evidence on record, including any new evidence received after the initial determination. If, after a thorough reexamination of the case, the reconsideration determination would be exactly the same as the initial level determination, the previous determination may be affirmed as written if all of the following conditions are met:

  • There is no allegation of a worsening of any previously documented impairment(s);

  • There is no allegation of any new impairment(s);

  • There has been no treatment for any impairment(s) since the prior determination; and

  • The prior determination was substantively and technically correct and the prior decision rationale correctly presented and resolved all pertinent issues to be adjudicated.

  • There are no changes in the functional limitations.

For instructions related to affirming a prior medical assessment, see: