I-3-4-2.Request for Review Not Timely Filed

Last Update: 2/7/14 (Transmittal I-3-63)

A. General

The Appeals Council (AC) may dismiss an untimely filed request for review. A claimant must file a request for review within 60 days of the date the claimant receives an administrative law judge's decision or dismissal, or within any extension of time granted by the AC. For more information, see Hearings, Appeals, and Litigation Law (HALLEX) manual I-3-1-1.

NOTE:

When the AC intends to dismiss a request for review based on untimely filing and the claimant has submitted additional evidence that is new and material but does not relate to the period on or before the date of the last merits-based determination or decision, the AC will give protective filing as of the date of the request for review. For definitions, see HALLEX I-3-3-6. If the additional evidence relates to the date on or before the last merits-based determination or decision, the AC will not give protective filing but will send the evidence to the component that made the last merits-based determination or decision, as noted in HALLEX I-3-5-72.

In either situation, the AC does not exhibit additional evidence when it dismisses a request for review.

B. Requesting Explanation for Untimely Filing

When an explanation for an untimely filing is not in the file, Office of Appellate Operations (OAO) staff will prepare a letter to the claimant and representative, if any, requesting an explanation for untimely filing, using the COR 25 template available in the Document Generation System.

C. Evaluating Good Cause

The AC uses the procedures in HALLEX I-3-1-1 E to evaluate good cause.

When the AC finds that the claimant established a good cause reason for an untimely filing, the AC will consider the case on its merits.

When the AC finds that the claimant did not establish good cause for an untimely filing, the reasons for the finding will be noted in the Appeals Review Processing System (ARPS). If the claimant or representative did not respond to the request for an explanation, OAO staff will note this in ARPS. OAO staff will then prepare a dismissal order for the AC.