Question juridique clé
Whether an intentionally incomplete complaint filed within the appeal period entitles the appellant to a curing deadline under Art. 61 lit. b ATSG.
Solution extraite
No. If the representative knowingly files an incomplete complaint to obtain additional time, the conduct is abusive and the court must refuse the curing deadline.
Motifs extraits
The minimum statutory requirements were not met, and the circumstances showed that the representative could and should have filed a formally proper complaint within the ordinary deadline. Granting a curing deadline in such a case would empty Art. 61 lit. b ATSG of its meaning.