I-3-0-85.OAO Branch Screening For Requests for Extension of Time

Last Update: 9/08/05 (Transmittal I-3-36)

A. General

A claimant or the claimant's authorized representative (hereinafter “claimant”) may request an extension of time to submit evidence or arguments. The Appeals Council routinely allows 40 days for submission of evidence and arguments. For second requests or initial requests for more than 40 days, the Council will consider the particular set of circumstances in each case. The Council does not grant extensions automatically and will grant additional time only if there are extenuating circumstances present in the case.

B. Claimant Does Not Provide Submittal Date for Additional Evidence

If a claimant indicates that he or she has additional evidence, but does not explicitly state when it will be submitted, branch staff must prepare a letter informing the claimant that the Appeals Council will defer its action for 40 days to allow the claimant the opportunity to submit the evidence.

C. Claimant Requests That the Appeals Council Obtain Evidence From Claimant's Medical Source

If a claimant asks the Appeals Council to obtain additional evidence from the claimant's medical source, branch staff must prepare a letter advising that the claimant bears the responsibility to obtain such evidence, referring the claimant to the servicing Field Office (FO) for assistance, and stating that the Appeals Council will defer its action for 40 days to allow the claimant the opportunity to submit the evidence.