I-3-1-14.Requests for Extension of Time to Submit Evidence or Arguments
Last Update: 3/19/24 (Transmittal I-3-196)
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 with, a statement informing the AC about additional evidence. For specific processing instructions when a claimant or appointed representative informs the AC 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.
For an initial EOT request, the AC provides the claimant or appointed representative 25 days from the date of the notice granting the EOT, even if the claimant or appointed representative requests an EOT for more than 25 days. If the claimant or appointed representative requires additional time, they must submit a subsequent EOT request. For a subsequent EOT request received after the AC has issued the notice granting the initial EOT, the AC will consider whether the claimant or appointed representative provided good cause for requesting a subsequent EOT. In evaluating whether there is good cause, the AC will use the standards in 20 CFR 404.911 and 416.1411. If the AC finds there is no good cause for requesting a subsequent EOT, the AC will deny the EOT and continue processing the request for review. Unless there is a specific request from the claimant or the appointed representative for a shortened timeframe, the AC must ensure the claimant receives the full 25 days based on the initial EOT request before processing the case, even if the AC denies a request for a subsequent EOT.
However, 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. For example, if the AC has received the additional evidence or arguments mentioned in the EOT request when the analyst examines the claim(s) file, the EOT request may be moot. In these circumstances the AC may address an initial or subsequent EOT request 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.”
B. Procedures for Processing EOT Requests
1. Initial EOT Request
When the AC receives an initial EOT request, OAO staff will associate the request into the claim(s) file as appropriate. OAO staff will also document and track the request in the Office of Appellate Operations Case Processing System (OAOCPS) or the Appeals Review Processing System (ARPS). Unless the EOT request is moot, OAO staff will prepare and send a notice informing the claimant and appointed representative, if any, that the AC has granted the initial EOT. OAO staff will then diary the case for 25 days to allow the claimant or appointed representative to submit additional evidence or arguments. The AC's notice granting the initial EOT responds to all EOT requests received on the case through the date of the notice.
NOTE:
Unless the EOT request is moot, when granting the initial EOT request, 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 25 days from the date of the initial request.
If no subsequent EOT is granted, OAO staff will continue processing the request for review after the expiration of the 25-day diary. However, OAO staff may continue processing the case earlier than the end of the diary if the AC receives the additional evidence or argument mentioned in the initial EOT request, adding the language in subsection A to the action document as appropriate.
2. Subsequent EOT Request
Unless the request is moot, for any subsequent EOT request, the AC will review the request to determine whether there is good cause for providing another EOT.
If the AC determines good cause exists, OAO staff will send a notice granting the subsequent EOT request. The AC will provide the claimant and appointed representative, if any, an additional 30 days to submit additional evidence or argument on any subsequent EOT it grants. OAO staff will also add a corresponding diary to track any subsequent EOT.
If the AC finds there is no good cause to provide an additional EOT, the AC will issue a notice denying the EOT. OAO staff will continue processing the request for review following the denial of any subsequent EOT.