2727.Extension of Time for Filing

2727.1When can we extend the time limit for filing an appeal?

We can extend the time limit for you to file your request for reconsideration, an ALJ hearing or an Appeals Council review, or a civil action in U.S. District Court if you show that you had good cause for not filing timely. The decision on whether or not to extend the time limit is made by the field office, the ALJ, or the Appeals Council, depending on who has jurisdiction. See §2015.

2727.2What do we consider when we decide if you had good cause for not filing within a time limit?

In deciding whether you had good cause for not filing within a time limit, we consider:

  1. What circumstances kept you from making the request on time;

  2. Whether our action mislead you;

  3. Whether you did not understand the requirements of the Social Security Act, resulting from amendments, other legislation or court decisions; and

  4. Whether you had any physical, mental, educational or linguistic limitations (including any lack of facility with the English language) that prevented you from filing a timely request or knowing about the need to file a timely request for review.

Last Revised: Nov. 30, 2010