TN 3 (10-09)
DI 12005.015 Late Filing of a Request for Reconsideration
The field office (FO) makes a “good cause” determination when a request for reconsideration in a disability case is filed late (see Time Limit for Filing an Appeal GN 03101.010). Consider a request for reconsideration to have been filed timely if the claimant can show that he or she had “good cause” for missing the 60-day time limit.
A. Developing good cause
For developing, making, and documenting the file with a “good cause” determination when a reconsideration request is filed after the appeal period ends, follow procedures in Good Cause for Extending Time Limit GN 03101.020.
B. If good cause is established
Process the request for reconsideration as though it were filed timely.
C. If good cause is not established
If the FO determines that the claimant did not have “good cause” for late filing:
Dismiss the request for reconsideration.
Send to the claimant the “Recon Request - No Good Cause for Late Filing” notice, under Initial Claims, in the Document Processing System (DPS) .
NOTE: The notice does not contain appeal language. The “good cause” determination and dismissal actions are not subject to administrative or judicial review because they are not initial determinations.
Send a copy of the notice to the Online Retrieval System (ORS).
Treat the request for reconsideration as intent to file a new application and close-out the protective writing following DI 12005.015D or DI 12005.015E.
D. If the claimant wishes to re-file
If it is determined that the claimant did not have good cause for late filing and he or she expresses intent to file again:
Take a new application.
Develop and process the new application as an initial claim.
If the prior claim folder(s) is an MDF and is not in the FO, secure and associate the prior claim folder(s) before sending the new claim to the DDS.
Create a message in the Electronic Disability Collect System (EDCS) or eView stating “Late-filed reconsideration, good cause not met. New application for processing and reopening consideration.” If the official folder is paper, annotate the SSA-3367 Disability Report – Field Office, as above.
Transfer the claim to the DDS for an initial determination and reopening consideration.
E. If the claimant does not wish to re-file
If the claimant does not wish to re-file, close-out the protective writing for Title II per GN 00204.012. For Title XVI, see SI 00601.037 and SI 00601.040.
GN 03101.020 — Good Cause for Extending the Time Limit to File an Appeal
DI 81010.080 — Alerts, Flags, and Messages in the Electronic Disability Collect System (EDCS)