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 decide the requester has established good cause for late filing, include your
finding when acknowledging receipt of the request and informing the other parties
of the request for administrative review.
If you decide the requester has not established good cause for late filing, explain
the reason(s) for deciding he/she did not show good cause in a final notice with copies
to the other parties.
If you must defer deciding whether the requester has good cause for late filing in
order to obtain further input as noted in A.2.b. above, include your finding in an
interim or the final letter(s).
The claimant stated that he did not request administrative review timely because he
had been hospitalized for two weeks and did not receive the notice until he returned
home. He also submitted a copy of a hospital record confirming his hospitalization
during the time in question. You decide that the claimant has shown good cause; you
include your finding in the letters acknowledging receipt and informing the other
parties of the request.
The claimant requested administrative review on July 15. He stated that he filed the
request timely because he received the notice, dated May 30, on June 30. You chose
to defer making a good cause determination. You enclosed a copy of the claimant's
explanation and request in the letter informing the representative of the request
for administrative review. The representative responded with a copy of his office
records showing that he had discussed the notice of the fee determination with the
claimant, who indicated that he also had his notice, during a 15-minute phone call
on June 5th. You then decide that the claimant has not shown good cause; you include
your finding in the final letter to the parties.