TN 11 (06-11)

A. Operating policy for good cause and LSDP

1. Good cause may exist

Extend the two-year filing requirement for the LSDP if there is “good cause” for failure to file within the prescribed time limit. Examples of circumstances where good cause may exist include, but are not limited to, the following situations:

• illness, mental or physical incapacity, communication difficulties, or other handicaps;

• incorrect or incomplete information furnished the claimant by SSA ;

• delays because of efforts by the claimant to secure supporting evidence which the claimant assumed must be submitted at the same time the claim is filed; or,

• unusual or unavoidable circumstances under which the individual is not reasonably expected to have been aware of the need to file timely. For example, the individual's education or environment is such that the claimant is not familiar with filing a claim, does not understand the process, and requires guidance for his or her actions by the technical time-limitation provision, (For more information on good cause and LSDP, see SSR 63-16 , C.B. 1960-1965, p. 32.)

2. Good cause does not exist

“Good cause” for failure to file within the prescribed period does not exist when the evidence shows that the individual was informed of the time limitation for filing and failed to file within the specified period through negligence or intent not to file.

B. Procedure for domestic or foreign residence

1. Individual residing in U.S.

When an individual residing in the U.S. failed to file a LSDP application within the specified period:

• Determine whether individual meets all other requirements for entitlement.

• Advise the individual of the “good cause” provisions for failure to file timely if the individual meets all other requirements for entitlement.

• Ask the reason for not filing within the specified time.

2. Individual not residing in U.S.

When an individual residing outside the U.S. did not file a LSDP application within the specified period:

• Inform the individual of the good cause provisions

• Do not initiate development of good cause unless the individual alleges a belief that there was good cause for failing to file timely

C. Development for good cause

To develop good cause, record pertinent circumstances, relating to the individual's beliefs regarding the situation on form SSA-795 (Statement of Claimant or Other Person).

Include in the file observations on the following to substantiate or refute the allegations:

• evidence that the individual was informed of the 2-year period for filing

• degree of intelligence and education

• ability to remember

• credibility

• the reasonableness of the contention

• the likelihood that the individual did not grasp technical provisions

• the possibility of misunderstanding instructions given the individual

• agreement or disagreement of allegations with other information