Appeals Council Notices Misdated
September 30, 2011
Author: Louise M. Tarantino| Catherine M. Callery (Kate)
Appeals Council notices – both remand and denial notices – dated July 29, 2011 through August 10, 2011, were issued erroneously. Per Patricia Jonas, Executive Director, Office of Appellate Operations, a coding error at Central Printing resulted in these notices being rejected and resent at a later date. These electronically signed notices were resubmitted to Central Printing and mailed August 15-17, 2011 - but they retain the original dates noted above.
Despite the earlier dates on these notices, they will be presumed to have been mailed on August 19, 2011, and received by the addressees on or before August 24, 2011.
If you received a denial notice with one of the July 29th through August 10th dates, your client’s 60 day appeal period should not begin to run until August 24, 2011. Presumably, SSA will not object to appeals filed within that later time frame. It will probably be necessary to allege these facts in your complaint – and it is always helpful to include a date stamped envelope to bolster your claim just in case!
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