I-2-0-60. Good Cause for Late Filing

A. Determining Good Cause

When determining whether a claimant had good cause for missing the deadline to request a hearing, consider the following:

• What circumstances kept the claimant from making the request on time.

• Whether our action misled the claimant.

• Whether the claimant did not understand the requirements of the Act as a result of amendments to the Act, other legislation, or court decisions.

B. Examples of Good Cause

Examples of circumstances when good cause may exist include, but are not limited to, the following:

1. The claimant was seriously ill and was prevented by the illness from contacting us in person, in writing, or through a friend, relative or other person.

2. There was a death or serious illness in the claimant's family.

3. Important records were destroyed by fire or other uncontrollable event.

4. The claimant was trying to find necessary information to support the claim and did not find the information within the stated time period.

5. Within the time limit for requesting a hearing, the claimant requested an explanation or other information from the Social Security Administration regarding the determination being appealed, and within 60 days of receiving the information or explanation, the claimant filed a RH.

6. SSA gave the claimant incorrect or incomplete information about when and how to request administrative review.

7. The claimant did not receive notice of the determination or decision.

8. Within the time limit for requesting a hearing, the claimant submitted a RH to another Government agency in good faith, and the RH did not reach us until after the time period had expired.

9. Unusual or unavoidable circumstances prevented the claimant from filing timely.

10. Evidence exists which shows that the claimant did not know of the need to file timely.

C. Development Procedures for Determining Good Cause

If nothing in the claim file exists to indicate the reason for the late filing, written communication should be sent to the claimant requesting an explanation. Place a copy of the communication sent to the claimant in the claim file as an exhibit.

Also ask the servicing FO to forward any pertinent information in its files, e.g., any letter or communication from the claimant, representative, or the claimant's family, a copy of any records containing information regarding pertinent contacts, etc. The ALJ may also elect to obtain the needed information at a hearing on the issue of good cause for untimely filing.