The Appeals Council (AC) may dismiss an untimely filed request for review. A claimant must file a request for review within 60 days of the date the claimant receives an administrative law judge's decision or dismissal, or within any extension of time granted by the AC. For more information, see Hearings, Appeals, and Litigation Law (HALLEX) manual HA 01310.001.

In either situation, the AC does not exhibit additional evidence when it dismisses a request for review.

When an explanation for an untimely filing is not in the file, Office of Appellate Operations (OAO) staff will prepare a letter to the claimant and representative, if any, requesting an explanation for untimely filing, using the COR 25 template available in the Document Generation System.

The AC uses the procedures in HALLEX HA 01310.001 E to evaluate good cause.

When the AC finds that the claimant established a good cause reason for an untimely filing, the AC will consider the case on its merits.

When the AC finds that the claimant did not establish good cause for an untimely filing, the reasons for the finding will be noted in the Appeals Review Processing System (ARPS). If the claimant or representative did not respond to the request for an explanation, OAO staff will note this in ARPS. OAO staff will then prepare a dismissal order for the AC.