notice to the rep

[Not a Newbie]

I need some help on an issue - does anyone have a citation to the resolve whether the rep must receive notice of a determination in paper form?   Most of what I can find says the clmt has to recieve notice in writing by mail and the rep has to receive a copy of the notice.  Nothing says anything about the form of the copy. 

It's not clear if SSA sent a copy of the determination to the rep, but they did send a CD.  However, the rep missed the recon determination and the appeal was untimely filed by about 6 months.  Oops.

Thanks for any help on this.

[jrh83]

normally failure to send notice to the rep could excuse late filing.  However, I'd say the CD [assuming it contained a copy of the recon determination] put the rep on notice on the date he received the CD.  Thus, count 60 days from the CD rather than from the notice date [if a notice was not mailed to the rep.]

In general an E-document has the same effect as a paper one.

reg. references

no notice = good cause for late filing 404.911(b)(7)

a notice ... to your rep has same effect as notice to the cl.  404.1715(b)

[Not a Newbie]

Thanks for the help. 

I know our internal rule is that electronic is as good as paper, but I'm not sure the rest of the world agrees.

Anyway, I hope the rep's malpractice is paid up.  They may have just cost their client a lot of money since the client is now past the 1 year mark for reopening.


Oh well - she will live and learn