Basic (04-00)

VB 02501.005 Time Limit for Filing an Appeal

A. Policy — General

1. Appeal Period

The appeal period is generally 60 days. (A claimant has 30 days if he/she wants to file exceptions with the AC in a case remanded by a Federal court.) The 60 days start the day after the claimant receives the notice of the determination or decision. The date the claimant receives the notice is presumed to be 5 days after the date on the notice unless the claimant can show us that he/she did not receive it within the 5 days.

Exception: If SSA mailed the notice of the determination or decision to a claimant or beneficary outside the United States, you can extend the 5-day presumed receipt date if circumstances in a particular case warrant it. Accept the claimant's allegations of foreign mail delays without supporting evidence unless there is reason to doubt them.

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. See VB 02501.020 for the policy on good cause for extending the appeal period.

2. Late Requests

Always allow the claimant to file an appeal request even if it is not timely. Develop for good cause (VB 02501.010).

B. Policy — Appeal Filed in Totalization Agreement Country

If a request for reconsideration, hearing, or AC review is filed with the proper authority or agency of a country with which the U.S. has a Totalization agreement and it is filed within 60 days, the request is considered timely filed. See GN 01702.500 and GN 01701.005 for the countries with which we have a Totalization agreement.

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VB 02501.005 - Time Limit for Filing an Appeal - 04/03/2000
Batch run: 08/30/2012