Subject: Request for Extensions of Time to File a Civil Action
This transmittal amends chapter I-3-9 of the Hearings, Appeals and Litigation Law (HALLEX) manual to update instructions on processing requests for extensions of time to file a civil action in the Disability Program Branches. We also made several formatting and editorial changes.
HALLEX I-3-9 is revised as follows:
HALLEX I-3-9-40 – We retitled the section “Post-Appeals Council Action Correspondence,” and removed outdated information. We updated the information consistent with changes to HALLEX I-3-9-60 and made other minor editorial changes.
HALLEX I-3-9-60 A – We added a subsection titled “General” and clarified that the Appeals Council will only consider an extension of time (EOT) request in which the claimant provides a good cause reason for requesting an EOT. We clarified that an Appeals Council member must review and sign the action on an EOT request, an EOT request must be submitted in writing, and an EOT must be specifically requested (i.e., an EOT cannot be implied).
HALLEX I-3-9-60 B – We added a subsection titled “EOT Requests Submitted Before a Civil Action Is Filed” and clarified that the Appeals Council will not grant EOT requests when a claimant does not submit or establish a good cause reason for requesting the EOT. We noted that when the Appeals Council grants an EOT request, it generally provides the claimant an additional 30 days to file a civil action. When the Appeals Council denies an EOT request, it will provide sufficient rationale in its notice to the claimant.
HALLEX I-3-9-60 C – We added a subsection titled “EOT Requests Filed After a Civil Action Is Filed” and explained that these requests will be handled by the Court Case Preparation and Review Branch using the instructions in HALLEX I-3-9-60 B.
Date: July 23, 2014