Once the proper reviewing official receives the request for
administrative review, the official or staff will review the request to
determine if it was filed timely. If the request was not filed timely,
but the requester provided an explanation for the late filing, the
reviewing official will consider the explanation and determine if there
was good cause for the untimely filing (see HALLEX HA 01120.063B).
When the requester did not provide an explanation for the late
filing, the reviewing official will request an explanation using
the appropriate notice template in the applicable system and diary
the case for 30 days. Once the diary expires, or an explanation is
received, the reviewing official will consider the explanation, if
any, and determine if there was good cause for the untimely filing
(see HALLEX HA
01120.063B).
If the requester does not respond, or there is no basis to find good
cause for the late filing based on the explanation, the reviewing official
will deny the request for administrative review. The reviewing official
will issue a notice of this decision (see HALLEX HA 01120.065).
When the request was timely filed, or the requester establishes
good cause for filing late, the reviewing official or staff will send
a letter to the party who requested administrative review to:
•
Acknowledge receipt of the request;
•
Inform the requester that SSA will notify any
other parties to the initial fee authorization that the request for
administrative review has been submitted; and
•
Notify the requester that any other parties will be
given the opportunity to comment on the request for administrative
review.
The reviewing official will notify any other parties to the initial
fee authorization that:
•
The requester filed for administrative review of the
amount of the fee; and
•
They have 20 days from date of the notice to comment on
or submit written information about the request.
Because of Privacy Act considerations, do not reveal any Privacy
Act protected information (personally identifiable information or PII)
without applicable disclosure authority (e.g., consent, routine use,
etc.), including:
•
The claimant's mailing address, Social Security number
(SSN), or beneficiary notice control (BNC) number, which may be included
in copies of a letter addressed to the claimant, or the claimant's request
for administrative review, sent to a party other than the claimant's
representative or the decision maker.
•
The auxiliary beneficiary's mailing address or SSN, which
may be included in copies of a letter addressed to the beneficiary,
or the beneficiary's request for administrative review, sent to a
party other than that beneficiary's representative or the decision
maker.
In these situations, the address and any other protected information
must be redacted before mailing.