TN 3 (01-14)

A. Good cause for extending the time limit to file an appeal

When claimants contact us to question or disagree with a determination after the 10-day (plus 5 mail days) time limit to request statutory benefit continuation or receive Goldberg Kelly payment continuation or 60-day (plus 5 mail days) time limit to appeal, assist them if they want to appeal and develop for and make a determination on good cause for late filing. For good cause considerations and examples, see GN 03101.020.

B. Procedure for developing good cause and documenting the determination

1. Request for reconsideration

1. When you receive a late request for reconsideration, refer to GN 03101.020 for instructions on developing for and determining whether good cause exists. For instructions on how to request information in Title XVI situations, see SI 04020.020.

2. For non-MSSICS cases, document the good cause determination on Form SSA-553 (Special Determination).

3. If you do not find good cause, dismiss the reconsideration per the instructions in SI 04020.020C.2. and consider reopening under administrative finality rules in SI 04070.000. The appeal request can serve as a protective writing for a new claim if the claimant does not establish good cause for late filing of the appeal. For instructions on protective filing policy, see SI 00601.020.

2. Hearing and Appeals Council review

When you receive a late request for hearing or AC review, see GN 03101.020 for instructions on when to obtain and how to process a good cause statement. For instructions on how to request information in Title XVI situations, see SI 04030.040 (hearings) and GN 03104.300 (AC review).