The following excerpt is from Rivera v. Secretary of Health and Human Services, 39 F.3d 1188 (9th Cir. 1994):
A social security claimant may obtain judicial review of a final decision of the Secretary by commencing a civil action in the district court within sixty days after the mailing of the notice of such decision, or within such further time as the Secretary may allow. See 42 U.S.C. Sec. 405(g); Vernon v. Heckler, 811 F.2d 1274, 1278 (9th Cir.1987). The statutory time limit beings to run on the date the claimant receives the Secretary's notice of decision. 20 C.F.R. Sec. 422.210(c). The Secretary is entitled to a rebuttable presumption that the claimant received the notice of decision five days after the date on the notice unless the plaintiff makes "a reasonable showing to the contrary." 20 C.F.R. Sec. 422.210(c); Vernon, 811 F.2d at 1277.
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