Last Update: 3/15/2017 (Transmittal I-4-69)

HA 01410.020 Extensions of Time to File a Civil Action

Renumbered from HALLEX section I-4-1-20

A. Requests Received Before a Civil Action Is Filed

Generally, the Court Case Preparation and Review Branches (CCPRB) in the Office of Appellate Operations (OAO) handle extensions of time (EOT) to file a civil action using the procedures in Hearings, Appeals and Litigation Law (HALLEX) manual HA 01390.092.

However, if the claimant or appointed representative submits the EOT request with another request that requires action by a Disability Program Branch (DPB), or there is some other action required by the DPB in association with the EOT request, the DPB will handle the EOT request.

B. Requests Submitted or Received After a Civil Action Is Filed

There are circumstances in which the claimant or appointed representative does not submit the EOT or OAO does not receive the request until after the claimant has filed a civil action. CCPRBs handle the EOT request in this situation, using the instructions in HALLEX HA 01390.092.

If the Appeals Council (AC) denies the EOT request based on a failure to show good cause, a CCPRB analyst will also prepare a declaration as noted in HALLEX HA 01430.005. When releasing the documents, CCPRB staff will attach as exhibits both the request for EOT and the AC's denial of that request.

NOTE: 

Staff will not complete an untimely filed declaration until the AC has acted on an EOT.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/2501410020
HA 01410.020 - Extensions of Time to File a Civil Action (I-4-1-20) - 03/15/2017
Batch run: 04/20/2025
Rev:03/15/2017