II-6-6-54. COR 54 Denying EOT to File a Civil Action and Denying a Request for Reopening

Last Update: 9/1/05 (Transmittal II-6-13)

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SOCIAL SECURITY ADMINISTRATION

_____________________________________________________________

Refer to: TAHB

[SSN]

[XSSN]

Office of Hearings and Appeals
5107 Leesburg Pike
Falls Church, VA 22041-3255]

[Representative's First Name, Middle Initial and Last Name]
[Address]
[City, State Zip]

Dear [Mr./Ms. [Representative's Last Name]]:

Re: [Claimant's Name and Address]

On [insert date], the Appeals Council [denied a request for review of the Administrative Law Judge's decision] OR [issued a decision]. The Council has now received a request for reopening and for more time to file a civil action.

Our Action On Your Request for Reopening

Under our rules, we may reopen (look again at) and change a determination or decision within certain time limits for any of the following reasons.

We found no reason under our rules to reopen and change the decision. This means that the [Administrative Law Judge's] OR [Appeals Council's] decision is the final decision of the Commissioner of Social Security in your case.

[Discuss arguments/additional evidence and explain why reopening is not warranted. If the only issue is expiration of the reopening period for title XVI use paragraph below; no further explanation is necessary.]

[Insert the following if reopening period for title XVI has expired:]

The time limit for reopening a decision on a claim for Supplemental Security Income is two years from the date of the notice of the initial determination. The information you sent was received more than two years after the notice dated [insert date]. This means we cannot reopen the decision on your claim for Supplemental Security Income because the time limit has expired.

We Have Denied Your Request For More Time to File a Civil Action

Under our rules, we may extend the time to file a civil action if you have a good reason for filing late.

[You have not stated any reason for not filing on time.] OR [You stated that you could not file on time because [insert good cause explanation and AC's reasons for rejecting explanation.]]

After considering the facts in this case, we find no reason under our rules to extend the time to file a civil action. Therefore, we have denied your request for more time.

[Insert the following if materials are enclosed:

As requested, we are enclosing [enter description of enclosures].

If You Have Any Questions

If you have any questions, you may call, write, or visit any Social Security office. If you do call or visit an office, please have this notice with you. The telephone number of the local office that serves your area is [Insert area code and number of servicing Field Office]. Its address is:

[Field Office Address]
[City, State ZIP]
 

[Name]

 

Administrative Appeals Judge

Enclosures:
[Identify enclosures]

cc:
[Claimant's Name]
[Address]
[City, State Zip]

[If claimant is unrepresented, letter will be addressed to claimant and “Re” line and “cc” will be deleted]