§ 405.718a - Expedited appeals process; place and time of filing request.

(a) Place of filing request. The request for the expedited appeals process must be made in writing and filed:

(1) At an office of the Social Security Administration or the Health Care Financing Administration; or

(2) In the case of an individual in the Philippines, at the Veterans Administration Regional Office in the Philippines or with a presiding officer; or

(3) In the case of a qualified railroad retirement beneficiary (see 20 CFR 404.368), at an office of the Railroad Retirement Board.

(b) Time of filing request. The request for the expedited appeals process must be filed at one of the following times:

(1) No later than 60 days after the date of receipt of notice of the reconsidered determination, unless the time is extended in accordance with the standards set out in 20 CFR 404.925(c). For purposes of this paragraph, the date of receipt of notice of the reconsidered determination shall be presumed to be 5 days after the date of such notice, unless there is a reasonable showing to the contrary; or

(2) If a request for hearing has been timely filed (see § 405.722), at any time prior to the individual's receipt of notice of the presiding officer's decision; or

(3) Within 60 days after the date of receipt of notice of the presiding officer's decision or dismissal, unless the time is extended in accordance with the standards set out in 20 CFR 404.925(c). For purposes of this paragraph, the date of receipt of notice of the presiding officer's decision or dismissal shall be presumed to be 5 days after the date of such notice, unless there is a reasonable showing to the contrary; or

(4) If a request for review by the Departmental Appeals Board has been timely filed (see 20 CFR 404.968) at any time prior to receipt by such individual of notice of the Departmental Appeals Board's final action.