Background

Social Security regulations 20 CFR 404.911(a) (4) and 416.1411(a) (4) provide that when considering whether good cause exists for missing the deadline to request review, adjudicators will consider linguistic limitations which prevented an individual from filing a timely request or from understanding or knowing about the need to file a timely request for review.

Explanation of Content and Changes

This transmittal revises section I-2-0-60 A by adding a fourth sentence to indicate that linguistic limitations, including any lack of facility with the English language, will be considered when determining “good cause” for missing the deadline to file a request for hearing. This revision is consistent with the corresponding HALLEX procedures (I-3-0-60 C) applied at the Appeals Council level and with POMS GN 03101.020.

Date: May 5, 2004