Last Update: 6/26/2023 (Transmittal I-4-94)

HA 01430.005 Declarations — Untimely Filed Complaint

Renumbered from HALLEX section I-4-3-5

The statutory and regulatory time requirements for filing a civil action are explained in Hearings, Appeals and Litigation Law (HALLEX) manual HA 01410.002 C.

A declaration may be needed when a claimant did not timely file a civil action based on an administrative law judge decision or Appeals Council final action. When the filing requirements are not met, Court Case Preparation and Review Branch staff will complete an appropriate declaration using the appropriate template.

For general guidance regarding situations where an extension of time is involved, see HALLEX HA 01410.020.