I-2-0-50.Timely Request for Hearing — Filing Requirements
Last Update: 9/28/05 (Transmittal I-2-66)
A. When the Request for Hearing (RH) Must be Filed
The claimant, or representative on the claimant"s behalf, must file a RH within 60 days (unless the time for filing is extended) from the date of receipt by the claimant of:
The notice of initial determination in prototype states;
The notice of a reconsideration or a revised reconsideration determination;
The notice of revised initial determination in a non-disability case; or
When the last day for filing a RH falls on a Saturday, Sunday, legal holiday, or any other day which is not a full work day for Federal employees by statute or Executive Order, the time period for filing the RH is extended to include the next full work day.
B. Date of the RH
Ordinarily, we consider a RH filed as of the date it is received in any Social Security Administration office, or the date it is received by an employee of SSA authorized to receive a RH at a place other than an SSA office. We also accept as the date of filing the date a RH is received at the Veterans Administration Regional Office in the Philippines, or an office of the Railroad Retirement Board for persons having 10 or more years of service in the railroad industry. However, if a RH is mailed to us, and using the date we receive it would result in the loss or lessening of the claimant"s rights, we accept the U.S. Postal Service stamp cancellation or “postmark” date on the envelope in which it is mailed to us. If the postmark is unreadable or there is no postmark, we consider the RH timely filed if we receive it by the 70th day after the date on the notice of the determination or decision being appealed (See I-2-0-50 C. below).
If a claimant files Form HA-501 at the HO, stamp the date of receipt in the upper right-hand corner of the form.
If a claimant submits a RH to the HO in the form of a letter, stamp the date of receipt in the upper right-hand corner of the letter, and staple the mailing envelope to the letter.
If a RH was filed in an FO or other office within the Social Security Administration, and the date the RH was received is unclear, contact the appropriate office by telephone to determine if they have any evidence of the date of receipt.
If a copy of the notice of the determination is not in the file to establish its date, review the actual determination (e.g., Form SSA-831 in disability cases) and any computer printouts in the file to determine if they show the date of the determination, or contact the appropriate FO by telephone and request that they obtain and forward a copy of the notice of the determination.
C. Presumed Date of Receipt of Notice of Determination
We presume that a claimant received notice of a determination or decision within 5 days after the date of such notice, unless there is a reasonable showing to the contrary. If a RH is mailed to us, and the U.S. Postal Service stamp cancellation or postmark is unreadable or there is no postmark, we presume that the claimant mailed it to us no more than 5 days before we received it, unless there is evidence to the contrary.
If a RH is received within 65 days of the date of the determination or decision, consider the RH timely filed.
If a RH was not received within the 65-day period, but the U.S. Postal Service stamp cancellation or postmark shows that it was mailed within that period, use the postmark and consider the RH timely filed.
If a RH is received by mail within 70 days of the date of the determination or decision, and the postmark is unreadable or there is no postmark, consider the RH timely filed.
D. RH not Filed Within the Prescribed Time Period
Any claimant who has a right to a hearing but does not file a timely request, may ask for an extension of time to make the request.
The request for an extension must be in writing and must give the reasons why the request was not filed within the required time period. (Most requests for an extension are in the form of an explanation for untimely filing written on or attached to the RH form.)
The ALJ must grant an extension for filing the RH if he or she determines that the claimant has established good cause for missing the filing deadline. (See I-2-0-60, Good Cause for Late Filing.)
The ALJ must deny the request for an extension for filing the RH and dismiss the RH if the claimant does not show good cause for missing the deadline. (See I-2-4-15, Hearing Request Not Timely Filed.)