How does the ‘unintentional’ delay standard apply to delayed benefit claims?

The ‘unintentional’ delay standard is crucial in evaluating petitions for delayed benefit claims. According to MPEP 211.04:

While the Director may require additional information whenever there is a question of whether the delay was unintentional, a person filing a petition to accept a delayed benefit claim more than two years after the date the benefit claim was due is required to provide additional explanation of the circumstances surrounding the delay that establishes that the entire delay was unintentional.

This requirement is in addition to the standard statement of unintentional delay. For further discussion on the ‘unintentional’ delay standard, refer to MPEP § 711.03(c).

For more information on unintentional delay, visit: unintentional delay.