Questão jurídica principal
Whether the appeal against the AI decisions of 21 November 2011 and 6/13 February 2012 was time-barred despite irregular notification to counsel.
Decisão extraída
The appeal period began to run when the represented insured received the decisions directly; he had to contact his lawyer within the ordinary appeal period. The later appeal was therefore late.
Fundamentação extraída
Art. 37 and 49 LPGA require notification to the representative, but an irregular notice does not void the decision. Under good faith, the addressee must act within a reasonable time once aware of the decision. No special rule depended on the decision’s subject or deferred effect.