I-3-4-2.Request for Review not Timely Filed
Last Update: 9/08/05 (Transmittal I-3-36)
The Appeals Council may dismiss an untimely filed request for review. A request for review must be filed within 60 days of the date the claimant receives an ALJ's decision or dismissal or within any extension of time granted by the Council. See I-3-0-60, Filing of Request for Review.
B. Operating Procedure
The branch staff must request an explanation for late filing, unless an explanation is already in the file.
2. Requesting Explanation for Untimely Filing
If the late request was filed by mail, Office of Appellate Operations (OAO) branch support staff will prepare a letter requesting an explanation for untimely filing. See Appeals Text Guide. If the request was filed in person (i.e., at a Field Office (FO)), and the claimant is represented, telephone the representative to elicit the necessary information. If the request was filed in person, and the claimant is not represented, telephone the servicing FO, prepare a letter to the claimant, or prepare a memorandum to the FO, whichever the analyst believes would best expedite matters considering the circumstances in the case. See Appeals Text Guide.
If follow-up is necessary, telephone the representative or FO, and prepare a report for the file to document the contact.
C. Preparing Recommendation to the Appeals Council
1. Good Cause Established for Untimely Filing
Consider the case on its merits. (See I-3-1, Workup of Case by Analyst).
2. Good Cause for Untimely Filing Not Established
Complete Forms HA-52 and HA-52A or the computerized disability fact sheet and explain in narrative form why good cause, as described in 20 CFR 404.911 and 416.1411, does not exist and/or that the claimant or representative did not respond to the request for an explanation. Prepare an Appeals Council Dismissal Order. See Appeals Text Guide for instructions on preparation of Appeals Council dismissal orders and disposition of any additional evidence received with the request for review.