If the requester provided the reason(s) for late filing with his/her request for administrative
review, decide whether you can make the good cause determination without further contact
with the parties.
If you can decide whether the requester has good cause for late filing, include your
finding when acknowledging receipt of the request and informing the other party(ies)
of the request for administrative review.
If you must defer deciding whether the requester has good cause for late filing in
order to obtain further input as noted in A.1. above, include your good cause finding
in an interim or the final letter(s).
EXAMPLES:
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The claimant stated that she did not request administrative review timely because
she had been hospitalized for five weeks and did not receive the notice until she
returned home. She also submitted a copy of a hospital record confirming her hospitalization
during the time in question. You decide the claimant has shown good cause; you include
your finding in the letters acknowledging receipt and informing the other parties
of the request.
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The claimant requested administrative review on July 15. She stated that she filed
the request timely because she received the notice, dated May 15, on June 15. Your
review of the claim file shows a report of contact in which the claimant called SSA
on May 22, reported receiving the notice of the fee authorization, and asked about
SSA's payment of her attorney's fee. You decide that the claimant has not shown good
cause; you include your finding in the final letter to the parties.