I-2-4-15.Request for Hearing Not Timely Filed
Last Update: 8/23/16 (Transmittal I-2-188)
A claimant must file a request for hearing (RH) within 60 days after receiving notice of the previous determination or decision. For more information about filing requirements, see Hearings, Appeals and Litigation Law (HALLEX) manual I-2-0-40. An administrative law judge (ALJ) may dismiss an RH that was not filed within 60 days. Therefore, on receipt of an RH, hearing office (HO) staff evaluates whether it appears the request was timely filed. See HALLEX I-2-0-10.
To avoid erroneous dismissal of RHs in cases pulled for quality review at the reconsideration level, HO staff will confirm the reconsideration notice release date by checking the Case Review Screen under the Case Data Tab in eView.
B. Requesting Explanation for Untimely Filing
When an explanation for an untimely filing is not in the file, HO staff will prepare a letter to the claimant and representative, if any, requesting an explanation for the untimely filing. See also HALLEX I-2-0-60 C.
If, after developing the issue, the ALJ finds there is insufficient evidence or information to determine whether the claimant had good cause for untimely filing, see HALLEX I-2-0-60 D.
C. Evaluating Good Cause
When an HO receives an untimely filed RH, the ALJ will use the procedures in HALLEX I-2-0-60 to evaluate good cause.
The ALJ will incorporate as exhibits in the claim(s) file all documents used to evaluate good cause. This documentation includes any available documents relating to the date the claimant or appointed representative mailed the RH, such as the postmarked envelope used to mail the RH.
When the ALJ finds that the claimant established good cause for an untimely filing, HO staff and the ALJ will proceed with the actions necessary to complete the record and issue a decision.
When the ALJ finds that the claimant did not establish good cause for an untimely filing, the ALJ will dismiss the RH using the Untimely Request option from the Dismissal menu in the Document Generation System. In the dismissal order, the ALJ will include a complete rationale explaining why he or she found the claimant did not establish good cause for the untimely filing.