Code of Federal Regulations (alpha)

CFR /  Title 42  /  Part 478  /  Sec. 478.42 Submitting a request for a hearing.

(a) Where to submit the written request. A beneficiary who wants to obtain a hearing under Sec. 478.40 must submit a written request to one of the following:

(1) The office of the QIO or QIO subcontractor that made the initial determination.

(2) A SSA District Office.

(3) An office of the Office of Hearings and Appeals of SSA.

(4) An office of the Railroad Retirement Board, in the case of a beneficiary who is a railroad retiree.

(b) Time limit for submitting a request for a hearing. (1) The request for a hearing must be filed within 60 days of receipt of the notice of the QIO reconsidered determination, unless the time is extended for good cause as provided in Sec. 478.22.

(1) The request for a hearing must be filed within 60 days of receipt of the notice of the QIO reconsidered determination, unless the time is extended for good cause as provided in Sec. 478.22.

(2) The date of receipt of the notice of the reconsidered determination is presumed to be five days after the date on the notice, unless there is a reasonable showing to the contrary.

(3) A request is considered filed on the date it is postmarked. [50 FR 15330, Apr. 17, 1985, as amended at 77 FR 68563, Nov. 15, 2012]