Candelaria, In re

(HHS, SSA Office of Hearings & App. May 9, 1995) ; Clearinghouse Number: 50728

Description

SSI Claimant Whose Representative Never Received Denial Notice Has Good Cause for Late Hearing Request

Abstract

The Appeals Council has remanded this claim for SSI and instructed the administrative law judge (ALJ) to afford claimant a hearing. Claimant was initially denied benefits in June 1993. Two months later, claimant’s representative notified the Social Security Administration (SSA) that he was representing claimant and filed an amended request for reconsideration on claimant’s behalf. In September, claimant’s request for reconsideration was denied. However, claimant’s representative never received a copy of the denial notice. In January 1994, claimant’s representative called SSA for the status on claimant’s request and, when informed that the request had been denied, sought a hearing. Finding that claimant did not have good cause for failing to request a hearing within the 60-day time limit, the ALJ denied his request. Claimant appealed. The Appeals Council held that SSA’s failure to notify claimant’s representative of the action taken on his request for reconsideration violated claimant’s right to due process. It found claimant had good cause for filing his hearing request late.

Additional Information

Attorney Information
Claimant represented by Armando Cordoba, Disability Advocacy Clinic, 625 Silver SW, Suite 310, Albuquerque, NM 87102-3173, (505) 842-8111.
Docket Date
1995-05-09 00:00:00+00:00