Background

Current HALLEX procedures to be followed when there is a request for an extension of time to file a civil action do not include details on the extension period, requirements for the reason for the extension, and Appeals Council actions when additional evidence is not timely received. On April 7, 1993, the Office of Appellate Operations issued instructions on these matters.

Explanation of Content and Changes

This transmittal revises section I-3-960 to reflect that (1) extensions of time will ordinarily be for a period of 30 days; (2) if no reason or an insufficient reason is given with the request for an extension of time, the Appeals Council will deny the request; and (3) if the Appeal Council receives additional evidence or correspondence within or after the 60-day period to file a civil action without a specific request to extend the time, the Council should address the additional material and remain silent on any extension of time. This transmittal also revises the Table of Contents for Volume I, based on the change in the title of I-3-900 from “Reopening” to “Post-Adjudicative Actions.”

Remove

Remove from Chapter I-3-900:

Table of Contents, I-3-901 through I-3-960, dated June 30, 1993 (2 pages).

I-3-950 cont. through I-3-960 B. cont., dated June 30, 1993 (3 pages).

Insert

Insert in Chapter I-3-900:

Table of Chapter I-3-901 through I-3-934, dated November 30, 1993 and I-3-935 through I-3-960, dated June 30, 1993 (2 pages).

I-3-950 cont. through I-3-960 cont., dated November 30, 1993 (3 pages).

Date: November 30, 1993