20 C.F.R. § 404.982
Extension of time to file action in Federal district court
Any party to the Appeals Council's decision or denial of review, or to an expedited appeals process agreement, may request that the time for filing an action in a Federal district court be extended. The request must be in writing and it must give the reasons why the action was not filed within the stated time period. The request must be filed with the Appeals Council, or if it concerns an expedited appeals process agreement, with one of our offices. If you show that you had good cause for missing the deadline, the time period will be extended. To determine whether good cause exists, we use the standards explained in § 404.911.
Notes of Decisions
Cited in 24
cases (15 in the last 5 years), 1982–2025 · leading case: David SEARS, Plaintiff-Appellant, v. Otis R. BOWEN, Sec'y of Health & Human Servs., Defendant-Appellee, 840 F.2d 394 (7th Cir. 1988).
David SEARS, Plaintiff-Appellant, v. Otis R. BOWEN, Sec'y of Health & Human Servs., Defendant-Appellee, 840 F.2d 394 (7th Cir. 1988). “See 20 C.F.R. §§ 404.982 and 404.911 (listing examples of good cause for failure to timely file action for review in federal court).”
Lula B. TRIPLETT, Plaintiff-Appellant, v. Margaret M. HECKLER, Sec'y of Health & Human Servs., Defendant-Appellee, 767 F.2d 210 (5th Cir. 1985). “20 C.F.R. § 404.982 (1984); see Friddle, 720 F.”
Laursen v. Massanari, 164 F. Supp. 2d 317 (E.D.N.Y 2001). “20 C.F.R. § 404.982 . Section 404.911 provides a list of nine factors the Commissioner considers in making its “good cause” determination.”
Parker v. Sec'y of Health & Human Servs., 543 F. Supp. 1041 (E.D.N.Y 1982). “Once the period expired, her sole remedy was to request an extension of time from the Secretary pursuant to 20 C.F.R. § 404.982 (1982), 3 which avenue presently remains open.”
(SS) Fox v. Comm'r of Soc. Sec. (E.D. Cal. 2022). “20 C.F.R. § 404.982 . 8 The Appeals Council’s grant of an extension fell outside of the applicable statute of 9 limitations period.”
(SS)Orozco v. Comm'r of Soc. Sec. (E.D. Cal. 2022). “20 C.F.R. § 404.982 . 5 The Appeals Council’s grant of an extension fell outside of the applicable statute of 6 limitations period.”
(SS)Orozco v. Comm'r of Soc. Sec. (E.D. Cal. 2022). “Petitioner asserts through counsel they 14 filed an extension of time to the Appeals Council pursuant to 20 C.F.R. § 404.982 . Id. at 2 . 15 Petitioner states “the law firm of Peña & Bromberg was not the attorney of record at the agency 16 level and required additional time to…”
(SS) Copeland v. Comm'r of Soc. Sec. (E.D. Cal. 2023). “20 C.F.R. § 404.982 . 8 The Appeals Council’s grant of an extension fell outside of the applicable statute of 9 limitations period.”
(SS) Morales v. Comm'r of Soc. Sec. (E.D. Cal. 2023). “20 C.F.R. § 404.982 . 5 The Appeals Council’s grant of an extension fell outside of the applicable statute of 6 limitations period.”
(SS) Morales v. Comm'r of Soc. Sec. (E.D. Cal. 2023). “27 That same day, Plaintiff filed a first amended complaint and a second motion to proceed in 1 | forma pauperis. (Docs. 4-5).”
(SS) Gonzalez v. Comm'r of Soc. Sec. (E.D. Cal. 2023). “20 C.F.R. § 404.982 . 6 The Appeals Council’s grant of an extension fell outside of the applicable statute of 7 limitations period.”
Arnold v. Comm'r of the Soc. Sec. Admin. (N.D. Ill. 2024). “This regulation requires extension requests to be filed in writing with the Council, to explain why the action was not filed in the stated period, and to state a good cause for an extension. § 404.982.”
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