In a recent case from the U.S. Court of Appeals for the First Circuit, which is the circuit in which Massachusetts is located, the court held that 20.C.F.R. 422.210(c), and its five-day grace period is not applicable to cases in which the claimant does not file written exceptions to an administrative law judge’s (ALJ’s) denial leaving the appeals council without proper jurisdiction.
In this case, claimant filed for disability benefits. Her initial application was denied and so was her written request for reconsideration. After her request for reconsideration was denied, she filed a timely request for a hearing before an administrative law judge. The ALJ held a hearing and found she was not entitled to benefits. Continue reading