TN 12 (04-11)
GN 03101.010 Time Limit for Filing Administrative Appeals
A. Policy on the appeal period and late requests
1. Appeal Period
The appeal period is generally 60 days. (A claimant or their appointed representative has 30 days to file exceptions with the Appeals Council (AC) in a case remanded by a Federal court). The 60 days start the day after the individual receives the notice of the determination or decision. We presume the date the claimant or representative receives the notice is 5 days after the date on the notice, unless the claimant or representative can show us that he or she did not receive it within the 5 days.
If the period for requesting the next appellate step ends on a Saturday, Sunday, legal holiday or any other day (all or part of which is a non-workday for Federal employees by statute or Executive Order), we extend the period to include the next full workday. For the policy on good cause for extending the appeal period, see GN 03101.020.
2. Late Requests
Always allow the claimant to file an appeal request even if it is not timely.
B. Appeals filed in countries other than the U.S. (Totalization Agreement)
If the claimant files a request for reconsideration, ALJ hearing, or AC review with the proper authority or agency of a country that have a totalization agreement with the U.S. and they file the appeal within 60 days, we consider the request timely filed.
C. Extending the time limit due to Military service
SSA excludes the amount of time that a claimant or his or her heirs spent in active military service when deciding whether the claimant filed an appeal timely.
For more information see:
RS 00210.025, Soldiers' and Sailors' Civil Relief Act of 1940 and proofs required to establish exclusion
RS 01301.225, Extension of 2-Year Period for Filing Proof of Support