Background

This transmittal amends the Hearings, Appeals and Litigation Law (HALLEX) manual Chapter I-3-0 to clarify existing practice that good cause for untimely filing generally exists when an individual relies on an appointed representative to timely file a request for hearing and the representative fails to do so. We also made other formatting and language changes to conform with plain language writing requirements.

Explanation of Content and Changes

Citations: We deleted the “Citations” section and incorporated the relevant citations as necessary in the text of the provision.

I-3-0-60 A – We moved information to subsection B and retitled the subsection “General.” We incorporated general information related to filing a request for review before the Appeals Council. We made formatting and other editorial changes.

I-3-0-60 B – We moved information to subsection D and retitled the subsection “Who May Request Review.” We updated and incorporated information previously in subsection A, and made other minor editorial changes.

I-3-0-60 C – We moved information to subsection E and retitled the subsection “Where to File.” We incorporated general information and made other editorial changes.

I-3-0-60 D – We added a new subsection titled “Date of Filing Request for Review,” and incorporated information previously in subsection B. We made other minor editorial changes.

I-3-0-60 E – We added a new subsection titled “Extension of Time to Request Review,” and incorporated the information previously in subsection C. We made minor formatting and language changes for consistency with HALLEX I-2-0-60, and we added three new sub-subsections: General, Considerations When Evaluating Good Cause, and Examples.

Date: February 7, 2014