42 CFR 405.942 - Time frame for filing a request for a redetermination.
(a)Time frame for filing a request. Except as provided in paragraph (b) of this section, any request for redetermination must be filed within 120 calendar days from the date a party receives the notice of the initial determination.
(1) For purposes of this section, the date of receipt of the initial determination will be presumed to be 5 calendar days after the date of the notice of initial determination, unless there is evidence to the contrary.
(2) The request is considered as filed on the date it is received by the contractor.
(b)Extending the time frame for filing a request. General rule. If the 120 calendar day period in which to file a request for a redetermination has expired and a party shows good cause, the contractor may extend the time frame for filing a request for redetermination.
(1)How to request an extension. A party may file a request for an extension of time for filing a request for a redetermination with the contractor. The party should include any evidence supporting the request for extension. The request for redetermination extension must -
(i) Be in writing;
(ii) State why the request for redetermination was not filed within the required time frame; and
(iii) Meet the requirements of § 405.944.
(i) The circumstances that kept the party from making the request on time;
(iii) If the party had or has any physical, mental, educational, or linguistic limitations, including any lack of facility with the English language, that prevented the party from filing a timely request or from understanding or knowing about the need to file a timely request.
(3)Examples of good cause. Examples of circumstances when good cause may be found to exist include, but are not limited to, the following situations:
(ii) The party had a death or serious illness in his or her immediate family; or
(iii) Important records of the party were destroyed or damaged by fire or other accidental cause; or
(v) The party did not receive notice of the determination or decision; or
(vi) The party sent the request to a Government agency in good faith within the time limit, and the request did not reach the appropriate contractor until after the time period to file a request expired.
- 42 CFR 423.2134 — Extension of Time to File Action in Federal District Court.
- 42 CFR 423.2102 — Request for Council Review When ALJ or Attorney Adjudicator Issues Decision or Dismissal.
- 42 CFR 423.2140 — Council Review of ALJ or Attorney Adjudicator Decision in a Case Remanded by a Federal District Court.
- 42 CFR 423.2014 — Request for an ALJ Hearing or a Review of an IRE Dismissal.
- 42 CFR 405.928 — Effect of the Initial Determination.
- 42 CFR 405.1014 — Request for an ALJ Hearing or a Review of a QIC Dismissal.
- 42 CFR 405.952 — Withdrawal or Dismissal of a Request for a Redetermination.
- 42 CFR 405.1102 — Request for Council Review When ALJ or Attorney Adjudicator Issues Decision or Dismissal.
- 42 CFR 405.962 — Timeframe for Filing a Request for a Reconsideration.
- 42 CFR 405.950 — Time Frame for Making a Redetermination.
- 42 CFR 405.1134 — Extension of Time to File Action in Federal District Court.