TN 7 (09-23)

SI 04005.012 Time Limit For Filing Appeal

A. Policy - Appeal period

The appeal period is generally 60 days. (A claimant has 30 days to file exceptions with the Appeal 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. 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 they did not receive it within the 5 days.

When 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 nonworkday for Federal employees by statute or Executive Order), the period is extended to include the next full workday.

NOTE: Occasionally, systems-generated notices are not mailed timely. When this occurs, Central Office will notify the field.

B. Policy - Late requests

Always allow the claimant to file an appeal request even if it is not timely. Develop for good cause, see SI 04005.015.

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SI 04005.012 - Time Limit For Filing Appeal - 09/15/2023
Batch run: 09/15/2023