Dismissal of Untimely-Filed Requests for Review with the Appeals Council can be Challenged in Federal Court
In a decision from May 2019, the US Supreme Court determined that
an untimely request for review to the Appeals Council may be challenged in Federal District Court.
The Social Security Act’s language provides that a “final decision… made after a hearing” can be appealed to Federal District Court. With this decision, it is now clear that dismissal of an untimely request for review to the Appeals
Council after a hearing – that is, one made more than 60 days after the hearing decision – can be challenged in Federal District Court. Before this decision, a claimant who missed the filing deadline could have been left without a remedy to review the Social Security Administration’s determination that the appeal was untimely.