20 C.F.R. § 404.322
When you may apply for a period of disability after a delay due to a physical or mental condition
If because of a physical or mental condition you did not apply for a period of disability within 12 months after your period of disability ended, you may apply not more than 36 months after the month in which your disability ended. Your failure to apply within the 12-month time period will be considered due to a physical or mental condition if during this time—
(a) Your physical condition limited your activities to such an extent that you could not complete and sign an application; or
(b) You were mentally incompetent.
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 1983–2025 · leading case: Fletcher v. Chater, 916 F. Supp. 1086 (D. Kan. 1996).
Fletcher v. Chater, 916 F. Supp. 1086 (D. Kan. 1996). “20 C.F.R. § 404.322 . Plaintiff was not represented by counsel at the hearing before the ALJ and did not raise the applicability of the statute extending the time to file.”
Tingus v. Heckler, 569 F. Supp. 1499 (D. Mass. 1983). “” 20 C.F.R. § 404.322 (1982). These provisions are open to a wide range of interpretation.”
Colon Colon v. Sec'y of Health, 788 F. Supp. 671 (D.P.R. 1992). “” 20 C.F.R. § 404.322 . See Tingus v. Heckler, supra.”
Carlson v. Shalala, 841 F. Supp. 1031 (D. Nev. 1993). “(20 CFR 404.322(b)) DECISION It is the decision of the undersigned Administrative law Judge that, based on the application filed on January 8, 1990, the claimant is not entitled to a period of disability or disability insurance benefits under Section 216(i) and 223,…”
Love v. Shalala, 827 F. Supp. 720 (M.D. Fla. 1993). “The ALJ also determined that the second application of 1989 was not filed within one year of the end of the disability and that Plaintiff was therefore not entitled to that period of disability, per 20 C.F.R. §§ 404.322 and 404.621. The Appeals Council denied a request for…”
Glenn, Jr. v. O'Malley (M.D. Penn. 2025). “621 (c) (establishing the 12-month statute of limitations); 20 CFR § 404.322 (statute of limitations can be extended to 36 months by a showing that the claimant was mentally or physically incapable of filing the claim within twelve months).”
Ordewald v. Barnhart, 351 F. Supp. 2d 499 (W.D. Va. 2005). “( 20 C.F.R. § 404.322 ). Even if the undersigned were to give the claimant the benefit of the doubt and consider her to have been mentally incompetent while she was disabled by the panic disorder, the record indicates that it was well beyond 3 years after this impairment ceased…”
— 20 C.F.R. § 404.322(b) — 1 case
Carlson v. Shalala, 841 F. Supp. 1031 (D. Nev. 1993). “(20 CFR 404.322(b)) DECISION It is the decision of the undersigned Administrative law Judge that, based on the application filed on January 8, 1990, the claimant is not entitled to a period of disability or disability insurance benefits under Section 216(i) and 223,…”
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