3.2 Filing Deadlines Flashcards
“What is the filing deadline for a reconsideration request?”
“60 days from the date the initial denial notice is received.”
Explanation: “SSA presumes receipt within 5 days of the date on the notice unless proven otherwise.”
Source: CFR §404.909.
“How long do claimants have to request an ALJ hearing after a reconsideration denial?”
Answer: “60 days from the date the reconsideration denial notice is received.”
Explanation: “This ensures timely progression through the appeals process.”
Source: CFR §404.933.
“What is the deadline for filing a civil lawsuit in federal court?”
“60 days from the date of the Appeals Council’s denial notice.”
Explanation: “This is a strict deadline under the Social Security Act.”
Source: CFR §404.981.
Case Scenario: Emma receives a denial notice for her SSDI claim dated January 1, 2025. She files a request for reconsideration on March 10, 2025.
Question: Is Emma’s request for reconsideration timely?
Answer: No, Emma’s request is not timely because it was filed more than 60 days after the presumed receipt of the denial notice.
Legal Explanation: SSA presumes claimants receive notices within five days of the date on the notice. The deadline to request reconsideration is 60 days from the date of receipt. In this case, Emma missed the deadline unless she can show good cause for the delay.
Filing Deadlines:
60 days from notice receipt for each appeal stage.
Scenario:
David receives a reconsideration denial and wants to request an ALJ hearing. He files his request 70 days after the denial notice was mailed.
Question:
Is David’s hearing request timely?
Answer:
No, David’s request is late. SSA presumes receipt of the denial notice 5 days after mailing, giving him 65 days to file (60 days plus the 5-day mailing presumption). Late filings require good cause to be accepted.
Key Resource: CFR §404.933(b) – ALJ hearing deadlines.
