I-4-1-31.Declarations- Untimely Filed Complaint

Last Update: 7/3/14 (Transmittal I-4-30)

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 (ALJ) decision or Appeals Council (AC) final action. When the filing requirements are not met, Court Case Preparation and Review Branch (CCPRB) staff will complete an appropriate declaration using the appropriate template in the Document Generation System.

NOTE:

Except in the 11th Circuit, when the ALJ or the AC issued a dismissal order, CCPRB staff will not complete an “untimely filed” declaration, regardless of whether the complaint was timely filed. Rather, CCPRB staff will assign the case to an analyst to process the case using the procedures in HALLEX I-4-1-32. For 11th Circuit cases, see HALLEX I-4-1-32 B.

If an extension of time is involved, see generally HALLEX I-4-1-46.