I-3-1-14.Requests for Extension of Time to Submit Evidence or Arguments
Last Update: 7/13/22 (Transmittal I-3-188)
A. General
A claimant or an appointed representative may request an extension of time (EOT) to submit additional evidence or arguments to the Appeals Council (AC) in support of a request for review. The AC will accept an EOT request for this purpose either in writing or by telephone. When received by telephone, Office of Appellate Operations (OAO) staff will document the request on a form SSA-5002, “Report of Contact”, and associate the form with the claim(s) file.
NOTE 1:
EOT requests are distinct from, but may be submitted in conjunction with, a statement informing the AC about additional evidence. For specific processing instructions when a claimant informs OAO about additional evidence that relates to the period on or before the date of the administrative law judge decision, see Hearings, Appeals and Litigation Law (HALLEX) manual I-3-2-15. As explained in that section, OAO will request that the claimant submit the evidence. In adhering to that procedure, OAO staff will use a modified version of the Document Generation System (DGS) COR 10 template to request the evidence from the claimant when responding to the EOT request.
For an initial EOT request, the AC generally provides the claimant or appointed representative 25 days from the date of the notice granting the EOT. However, if the claimant or appointed representative asks for more than 25 days in the initial EOT request or submits a second EOT request after the 25 days has expired, the AC will consider whether the claimant (or appointed representative) provided good cause for requesting a second EOT or a longer than usual timeframe to submit additional evidence or arguments. In evaluating whether there is good cause, the AC will use the standards in 20 CFR 404.911 and 416.1411. If the claimant or appointed representative does not provide good cause for requesting a subsequent or extended EOT, the AC will deny the request.
NOTE 2:
Even when the AC denies an initial EOT request for more than 25 days, the AC will provide 25 days to submit additional evidence or arguments.
It is not always necessary for the AC to respond to an EOT request before performing a substantive review (see HALLEX I-3-2-1). Certain circumstances may render the request moot or redundant. For example, if an EOT was requested to submit additional evidence or arguments, and, at the time the analyst examines the file, the AC has received the additional evidence or arguments mentioned in the EOT request, the EOT request may be moot. In these circumstances the AC may address an EOT request with its action on the request for review (see B.1. NOTE 2, below).
B. Procedures for Processing EOT Requests
1. Initial EOT Request
When the AC receives an initial EOT request, OAO staff will enter the request into the claim(s) file and the Appeals Review Processing System (ARPS), and will create an ARPS diary to track the EOT request. OAO staff will use the appropriate DGS template, determined by the facts of the case, to prepare and send a letter informing the claimant and appointed representative (if any) that the AC will defer its action for 25 days to allow the claimant or appointed representative to submit additional evidence or arguments.
NOTE 1:
The AC will provide 25 days for submission of additional evidence or argument even when the claim has been pending before the AC for an extended time and OAO staff does not discover the EOT request until after the time period covered in the request has expired.
If the claimant or appointed representative specifically asks for an EOT for more than 25 days, the AC must review the request to determine whether there is good cause for the extended EOT before the diary is established. The AC adjudicator will add a remark in ARPS noting whether good cause exists to extend the EOT beyond 25 days. OAO staff will modify the appropriate DGS template as necessary, specifically noting in the letter whether the extended EOT was granted or denied.
If the AC determines there is no good cause to extend an EOT beyond 25 days, the AC adjudicator will sign the notice, which is a one-signature action notice. The notice will inform the claimant and representative, if any, that the AC did not find good cause to extend the EOT beyond 25 days and will provide 25 days to submit additional evidence or arguments (See subsection A. NOTE 2, above).
When OAO receives the additional evidence or argument, or the diary expires, whichever is earlier, OAO staff will continue processing the request for review.
NOTE 2:
If an initial or subsequent EOT request is moot, the AC may address the EOT with its action on the request for review. The analyst will add the following language to the action document, modified as appropriate:
“On [date of request], a request was made for an extension of time to submit additional evidence and/or argument. These materials have been received and considered.”
2. Subsequent EOT Request
For any subsequent EOT request, the AC will review the request to determine whether there is good cause for providing another EOT. After review, the AC will add a remark in ARPS noting whether good cause exists.
If the AC determines good cause exists (annotated in a remark in ARPS), OAO staff will complete and send the COR 22 DGS template letter granting the EOT request and providing an additional 30 days to submit additional evidence or argument. OAO staff will also add a diary in ARPS to track the request. When OAO receives the additional evidence or argument, or the diary expires, whichever is earlier, OAO staff will continue processing the request for review.
If the AC finds there is no good cause to provide another EOT, the AC adjudicator will sign the notice, which is a one-signature action notice. OAO staff will then continue processing the request for review.
NOTE:
While examining the file, if the analyst observes that the AC has already responded to more than one prior EOT request, the unaddressed EOT request may be considered redundant. If the EOT request is redundant, the analyst will add the following language to the action document, modified as appropriate:
“On [date of request], a request was made for an extension of time. We have already responded to more than one prior request for an extension of time. Accordingly, no further extensions are warranted.”