60-Day Time Limit
I am sure you are already aware, but as a reminder, there is only 60-days from the date of the Appeals Council decision to file an Appeal with the Federal District Court. This time goes by fast, especially when time is needed to review the case file, get the client’s intake packet back, and to perform necessary investigation. Although there are rules that allow a claimant to make a request for a good cause extension of time from the Appeals Council (to file the Federal action), it is preferable to file the case within the allotted 60 day time limit.
Extension of Time to File
Although it is preferable to file the lawsuit within the 60-day time limit, the reality is most cases will need more time. In order to request more time, you, as the referring attorney or advocate, must file an extension request with Appeals Council. A sample letter motion is below.
Please file the extension request within the 60-day time limit.
We may be able to file a motion for “equitable tolling” with the federal court if the Appeals Council delays on granting the extension. Basically, what this means is we would be asking the Federal Court to grant the extension of time. However, it is best to file the extension request with Appeals Council within the 60-days for us to be able to do this.
Please get proof of filing. Either fax confirmation printouts and/or proof of filing on the ERE. The sample letter has the fax numbers.
Contact Us Right Away!
If you are thinking about referring a Federal Appeal, please contact us right away so we can begin the process promptly.