I-2-4-15.Hearing Request Not Timely Filed

Last Update: 7/22/05 (Transmittal I-2-59)

A. What Constitutes Timely Filing

When a request for hearing (RH) is received in the Hearing Office (HO), the HO staff determines whether it was timely filed. (See Hearings, Appeals, and Litigation (HALLEX) Manual I-2-0-50.

NOTE:

To avoid erroneously dismissing timely filed RHs in cases that have been reviewed by the Office of Quality Review's Disability Quality Branch, HO staff should confirm the reconsideration notice release date by checking the Case Review Screen under the Case Data Tab in eView.

B. When the RH Was Not Timely Filed — Determining Whether the Claimant had Good Cause for Untimely Filing

If an HO receives an untimely filed RH, an administrative law judge (ALJ) must determine whether the claimant had “good cause” for the untimely filing. (See I-2-0-60, Good Cause for Late Filing, and I-2-4-10 B., Vacating an Order of Dismissal — Determining Good Cause to Vacate an Order of Dismissal.)

1. Good Cause is Shown

If the ALJ determines that the claimant had good cause, the case will then proceed to workup. The ALJ will proceed with the actions necessary to complete the record and issue a decision.

2. Insufficient Evidence to Determine Good Cause

If the ALJ finds that there is insufficient evidence or information to determine whether the claimant had good cause for untimely filing (e.g., the field office (FO) did not develop good cause), the ALJ may develop the necessary evidence or information to make a determination (see HALLEX I-2-0-60 C, Develop Good Cause.) or elect to obtain evidence on the issue of “good cause” for untimely filing at a hearing. All documents used to make the good cause determination must be incorporated into the claim file as exhibits to document the date the request was mailed. This documentation includes retaining the envelope used by the claimant or his or her representative to mail the RH, if it is available.

3. Good Cause Not Shown

If the ALJ decides that the claimant did not have good cause, the ALJ must dismiss the RH. In dismissing the request for hearing, the ALJ or a staff member should:

  1. use DGS to produce the order, selecting the Untimely Request option from the Dismissal menu; and

  2. include in the dismissal order a complete rationale explaining why the ALJ has found that the claimant has not shown good cause. See 20 CFR §§ 404.911, 416.1411, and Social Security Ruling (SSR) 91-5p for factors related to good cause.