§ 478.42 - Submitting a request for a hearing.

§ 478.42 Submitting a request for a hearing.

Cross Reference

Link to an amendment published at 82 FR 5139, Jan. 17, 2017.

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

(1) The office

the OMHA office identified in the notice 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.

(

reconsidered determination.

(b) Time limit for submitting a request for a hearing.

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

(2) The date of receipt of the notice of the reconsidered determination is presumed to be five 5 calendar days after the date on the notice, unless there is a reasonable showing evidence to the contrary.

(3) A request is considered filed on the date it is postmarkedreceived by OMHA.

[50 82 FR 153305139, AprJan. 17, 1985, as amended at 77 FR 68563, Nov. 15, 20122017]