2001. Time Limits for Requesting Review

2001.1 Are time limits imposed for requesting reviews?

Yes, there are time limits for requesting each review in the administrative review process. See §§2004.3, 2007.2, 2013.2, 2014.3, 2015.1.

2001.2 What happens if the claimant does not request a review within the time limit?

If you or your representative does not appeal within the prescribed time limit (unless a longer period is allowed for good cause as explained in §2015), the determination or decision becomes final and binding on the parties affected, except as provided in §2016.

2001.3 Are time limits extended when they end on non-work days?

Yes. If the time limit for requesting review ends on a Saturday, Sunday, legal holiday, or Federal non-work day set by law or Executive Order, the time limit is extended to the next following work day.

2001.4 What are the time limits for each type of determination?

In the following situations, we presume you received notice no later than the fifth day following the date of the notice, unless you can show that the notice was received later or not at all.

1. An initial determination becomes final unless you or another person shows in writing that your rights may be adversely affected by the initial determination. Reconsideration must be requested in writing within 60 days after the date of receiving the notice of the initial determination (See §2004.);

2. A reconsidered determination becomes final unless you or another person shows in writing that your rights may be adversely affected by the reconsidered determination. A hearing before an ALJ must be requested in writing within 60 days after the date of receiving the notice of the reconsidered determination (See §2007.);

3. A decision of the ALJ becomes final unless:

   1. You or another party to the hearing decision requests review by the Appeals Council in writing; or

   2. The Appeals Council reviews the request on its own motion. (See §2013.)

      The review request must be filed within 60 days after the date of receiving the notice of the ALJ's decision;

4. An expedited appeals process may be requested:

   1. Within 60 days after the date you receive notice of the reconsidered determination;

   2. At any time after you have filed a timely request for a hearing but before you receive notice of the ALJ's decision;

   3. Within 60 days after the date you receive a notice of the ALJ's decision; or

   4. At any time after you have filed a timely request for Appeals Council review, but before you receive notice of the Appeals Council's action.

2001.5 How can claimants get a court review of hearing decisions?

You may obtain a court review of a hearing decision by filing a civil action within 60 days after the date of receiving the notice of the denial or the decision.

2001.6 What court has jurisdiction if the Appeals Council denies a request for review or makes a decision?

A Federal district court has jurisdiction after the Appeals Council has denied a request for review or made a decision. (See §2014.)

2001.7 What court has final say on the SSA's decision?

If a civil action is filed, a Federal district court decides whether to review our decision. The decision of the court, if not appealed, is final.

2001.8 What courts have jurisdiction if a decision is appealed?

If the court's decision is appealed, it is subject to further review and affirmation, modification, or reversal by a Court of Appeals or the Supreme Court. (See §2015 concerning granting an extension of time for filing appeals.)

Last Revised: Jan. 22, 2008