TN 3 (07-10)
DI 12010.002 Request for Administrative Law Judge (ALJ) Hearing Filed Late
The time limit for requesting an appeal is 60 days after the date the claimant receives notice of the determination or decision. The date that the individual receives the notice is presumed to be 5 days after the date on the notice unless the individual can show us that he or she did not receive it within the 5 days. If the request for hearing is filed late:
Follow procedures in GN 03101.020B, (Good Cause for Extending Time Limit). For additional information on a late request for hearing see GN 03103.010C.7.
For paper cases, attach original statement which explains reason for filing late to the “Hearing Office File” copy of the HA 501-U5 (Request for Hearing).
Attach a copy of explanation to the “Claims Folder Copy.” For electronic cases, load the appeal into the Modernized Claim System (MCS) or the Modernized Supplemental Security Income Claims System (MSSICS) using the appeals program and scan the good cause information into the electronic folder. For additional information see DI 81010.150B.3. and DI 81010.150C.5.
Advise the claimant that the ALJ will decide whether to grant an extension for filing the hearing request. (See HALLEX I-2-4-15).
For paper cases, obtain a new paper application only if the claimant alleges a worsening condition or an additional impairment. Forward the new application to the ALJ with the HA 501-U5. Input the new claim on the Modernized Development Worksheet (MDW) to show the new initial claim is pending at the Office of Disability Adjudication and Review (ODAR). Advise ODAR to return the new claim to the field office if the ALJ dismisses the hearing request so that the new claim can be pursued. See GN 03103.220 for more information on hearing dismissal.
For the electronic process see:
DI 81010.085 – Transferring Cases in Electronic Disability Collect System (EDCS).
DI 81010.150 – Processing Claims Appeals of Medical Decisions in Electronic Disability Collect System (EDCS).
DI 81010.155 – Processing Subsequent Claims or Appeals Filed While a Prior Claim or Appeal is Pending at the Appeals Council (AC).