---
kind: "section"
citation: "20 C.F.R. § 418.3640"
title: "20"
number: "418.3640"
heading: "How do we determine if you had good cause for missing the deadline to request administrative review?"
url: "https://uscodex.org/cfr/20/418.3640"
---

# §418.3640. How do we determine if you had good cause for missing the deadline to request administrative review?

- (a) In determining whether you have shown that you have good cause for missing a deadline to request review we consider:
  - (1) What circumstances kept you from making the request on time;
  - (2) Whether our action misled you;
  - (3) Whether you did not understand the requirements of the Act resulting from amendments to the Act, other legislation, or court decisions; and
  - (4) Whether you had any physical, mental, educational, or linguistic limitations (including any lack of facility with the English language) which prevented you from filing a timely request or from understanding or knowing about the need to file a timely request for review.
- (b) Examples of circumstances where good cause may exist include, but are not limited to, the following situations:
  - (1) You were seriously ill and were prevented from contacting us in person, in writing, or through a friend, relative, or other person.
  - (2) **There was a death or serious illness in your immediate family.**
  - (3) **Important records were destroyed or damaged by fire or other accidental cause.**
  - (4) You were trying very hard to find necessary information to support your claim but did not find the information within the stated time periods.
  - (5) You asked us for additional information explaining our action within the time limit, and within 60 days of receiving the explanation you requested a review.
  - (6) **We gave you incorrect or incomplete information about when and how to request administrative review.**
  - (7) **You did not receive notice of the initial determination.**
  - (8) You sent the request to another Government agency in good faith within the time limit and the request did not reach us until after the time period had expired.
  - (9) Unusual or unavoidable circumstances exist, including the circumstances described in [paragraph (a)(4)](#a-4) of this section, which show that you could not have known the need to file timely, or which prevented you from filing timely.

## Notes

### Authority

Authority: Secs. 702(a)(5) and 1860D-1, 1860D-14 and -15 of the Social Security Act (42 U.S.C. 902(a)(5),1395w-101, 1395w-114, and -115).

### Source

Source: 70 FR 77675, Dec. 30, 2005, unless otherwise noted.