I-4-3-5.Declarations — Untimely Filed Complaint

Last Update: 6/26/23 (Transmittal I-4-94)

The statutory and regulatory time requirements for filing a civil action are explained in Hearings, Appeals and Litigation Law (HALLEX) manual I-4-1-2 C.

A declaration may be needed when a claimant did not timely file a civil action based on an administrative law judge decision or Appeals Council final action. When the filing requirements are not met, Court Case Preparation and Review Branch staff will complete an appropriate declaration using the appropriate template.

For general guidance regarding situations where an extension of time is involved, see HALLEX I-4-1-20.