I-4-1-46.Extensions of Time to File a Civil Action
Last Update: 3/2/15 (Transmittal I-4-37)
A. Requests Received Before a Civil Action Is Filed
Generally, the Court Case Preparation and Review Branches (CCPRB) in the Office of Appellate Operations (OAO) handle extensions of time (EOT) to file a civil action using the procedures in Hearings, Appeals and Litigation Law (HALLEX) manual I-3-9-92.
However, if the claimant or appointed representative submits the EOT request with another request that requires action by a Disability Program Branch (DPB), or there is some other action required by the DPB in association with the EOT request, the DPB will handle the EOT request.
B. Requests Submitted or Received After a Civil Action Is Filed
There are circumstances in which the claimant or appointed representative does not submit the EOT or OAO does not receive the request until after the claimant has filed a civil action. CCPRBs handle the EOT request in this situation, using the instructions in HALLEX I-3-9-92.
If the Appeals Council (AC) denies the EOT request based on a failure to show good cause, 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.
Staff will not complete an untimely filed declaration until the AC has acted on an EOT.