I-4-1-46.Extensions of Time

Last Update: 7/3/14 (Transmittal I-4-30)

A. Requests Received Before a Civil Action is Filed

Generally, the Disability Program Branches in the Office of Appellate Operations handle extensions of time (EOT) to file a civil action using the procedures in Hearings, Appeals and Litigation Law (HALLEX) manual I-3-9-60.

B. Requests Submitted or Received After a Civil Action is Filed

There are circumstances in which the EOT is not submitted or received until after the claimant has filed a civil action. In this situation, the EOT will be handled by the Court Case Preparation and Review Branch using the instructions in HALLEX I-3-9-60.

If the Appeals Council (AC) denies the request for an EOT based on untimeliness, staff will modify the declaration accordingly. When releasing the documents, staff will attach as exhibits both the request for the extension of time and the AC's denial of that request.

NOTE:

Staff will not complete an untimely filed declaration until the AC has acted on an EOT.