20 C.F.R. § 416.1482
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 § 416.1411.
Notes of Decisions
Cited in 16
cases (5 in the last 5 years), 1983–2026 · leading case: Jackson v. Astrue, 506 F.3d 1349 (11th Cir. 2007).
Jackson v. Astrue, 506 F.3d 1349 (11th Cir. 2007). “As for Jackson’s first argument, unfortunately, § 416.1411 provides for a “good cause” standard only in cases where a claimant is requesting that the Appeals Council extend the deadline for filing a complaint in federal district court.”
Bernardo A. Torres v. Jo Anne B. Barnhart, Comm'r of Soc. Sec., 417 F.3d 276 (2d Cir. 2005). “missioner: Any individual, after any final decision of the Commissioner of Social Security made after a hearing to which he was a party, irrespective of the amount in controversy, may obtain a review of such decision by a civil action commenced xoithin sixty days after the…”
R.F. Vernon v. Margaret Heckler, Sec'y of Health & Human Servs., 811 F.2d 1274 (9th Cir. 1987). “§ 405 (g) and *1276 20 C.F.R. § 416.1482 . On November 2, 1984, more than 60 days after receiving the Appeals Council’s notice, he filed the action in district court.”
Dolores Canales v. Louis W. Sullivan, M.D., Sec'y of Health & Human Servs., 936 F.2d 755 (2d Cir. 1991). “§ 405 (g); 20 C.F.R. § 416.1482 . Although the Secretary and the district court state that Canales never requested an extension, see Canales, 745 F.”
Richard Friddle v. Margaret Heckler, Sec'y of Health & Human Servs., 720 F.2d 24 (8th Cir. 1983). “The social security regulations provide that the Secretary may extend the time for filing of a suit seeking review if a claimant makes a written request with the Appeals Council stating the reasons for failure to file within the statutory period.”
Keith v. Heckler, 603 F. Supp. 150 (E.D. Va. 1985). “This obtains if the SSA vacates an otherwise final decision by (1) granting an “Extension of time to file action in Federal District Court”, 20 C.F.R. 416.1482 (1984), or (2) by reopening an otherwise final decision under the following federal regulations: § 416.”
McLachlan v. Astrue, 703 F. Supp. 2d 791 (N.D. Ill. 2010). “…one of our offices. If you show that you had good cause for missing the deadline, the time period will be extended. 20 C.F.R. § 416.1482 .”
Pulido v. Heckler, 568 F. Supp. 627 (D. Colo. 1983). “1453 (good cause for extending deadline for ALJ hearing decision); 20 C.F.R. § 416.1482 (good cause for extension of time to file action in Federal District Court); 20 C.”
Kinton v. Saul (E.D. Va. 2020). “20 C.F.R. § 416.1482 . Additionally, the Appeals Council assumes that the plaintiff received its decision five days after the denial notice was mailed, unless the plaintiff shows that she did not receive it within that period.”
Shaun Irons v. Soc. Sec. Admin. (3rd Cir. 2020). “See 20 C.F.R. § 416.1482 (authorizing the Appeals Council to grant such extensions).”
Pettus v. Comm'r of Soc. Sec. (W.D. Ky. 2021). “citing 20 C.F.R. § 416.1482 ). Alternatively, Defendant claims that the Court should grant summary judgment to the Commissioner because Plaintiff’s failure to file a timely complaint entitles the Commissioner to judgment as a matter of law (Id.”
Zayid v. Comm'r of Soc. Sec. (N.D. Ohio 2019). “Zayid never asked the Appeals Council to extend the time to file an appeal in Federal Court, which he could have done pursuant to 20 C.F.R. § 416.1482 and, analyzing the five-factor test set forth in Cook v.”
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