I-2-0-40.Request for Hearing Filing Requirements
Last Update: 5/1/17 (Transmittal I-2-202)
If a claimant is dissatisfied with one of the determinations or decisions listed in 20 CFR 404.930 and 416.1430, he or she may request a hearing. See 20 CFR 404.929 and 416.1429. The claimant must submit the request in writing within 60 days after receiving notice of the previous determination or decision by completing form HA-501, Request for Hearing, or by submitting a letter or other written document. We presume the claimant received notice of the prior determination or decision within five (5) days of the date of the notice, unless there is a reasonable showing to the contrary. (For more information on what constitutes the date of filing, see subsection D below).
The claimant may specifically ask for a hearing or may imply that he or she is requesting a hearing. A request is implied when the claimant expresses disagreement or dissatisfaction with the prior action or states the intent to pursue appeal rights.
While a writing is required to request a hearing, the regulations do not require that the writing be signed. See 20 CFR 404.933 and 416.1433. The agency accepts faxed requests.
B. Who May File a Request for Hearing (RH)
The claimant, his or her appointed representative, or another party to the hearing who is dissatisfied with the determination or decision can file an RH. See 20 CFR 404.932 and 416.1432. For a detailed explanation regarding parties to the hearing, see Hearings, Appeals and Litigation Law (HALLEX) manual I-2-1-45.
C. Where to File the RH
Generally, a claimant will file an RH online or with a Social Security field office (FO), but he or she may file the RH with a hearing office (HO). When an appointed representative is involved and wants direct payment of his or her fee (if authorized), the representative must, on the claimant's behalf, file the RH online.
Also note the following:
A claimant residing in the Philippines may file an RH at the Department of Veterans Affairs Regional Office in the Philippines.
A claimant with ten or more years of service in the railroad industry may file an RH at a Railroad Retirement Board office.
A claimant residing in a foreign country (see definition in HALLEX I-2-0-72) may file an RH with an office maintained by the Foreign Service of the United States Department of State.
D. Date of Filing the RH
Ordinarily, we consider an RH filed as of the date it is received in any Social Security Administration office. If the 60-day time period for filing the RH ends on a Saturday, Sunday, Federal holiday, or other non-work day for Federal employees, we extend the time for filing to the next full workday. We also accept as the date of filing:
The U.S. Postal Service stamp cancellation or “postmark” date on the envelope in which the RH is mailed to us, if using the date we receive the request would result in the loss of the claimant's rights. 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. We will also consider other evidence of when the individual mailed the RH to us;
The date an RH is received at the Department of Veterans Affairs Regional Office in the Philippines or by an employee of that Department in the Philippines authorized to receive such request at a place other than the Regional Office; or
The date the Railroad Retirement Board receives the request, if an individual having 10 or more years of service in the railroad industry files the request.
When an RH is filed using iAppeals (i.e., the request is submitted online), the filing date is the date the completed HA-501 is submitted. The application start date and reentry number generated by iAppeals does not constitute a filing. For detailed information about iAppeals, see Program Operations Manual System GN 03101.125.
E. Extension of Time to File an RH
If a claimant does not file an RH within the 60-day time period, he or she can, in writing, request an extension of time to file and explain the reason(s) for filing late. As explained in HALLEX I-2-0-60, an administrative law judge (ALJ) will evaluate the request and determine whether the claimant has established good cause for missing the deadline.
If the ALJ finds good cause for the extension request, he or she will extend the time period to submit the RH. If the ALJ concludes the claimant did not establish good cause for an extension, the ALJ will deny the request and dismiss the RH using the procedures in HALLEX I-2-4-15.