As many of you are aware, USPS has argued that a number of claimants were untimely in submitting their initial claim form to the USPS P.O. Box in Greenwood Village, Colorado. USPS has argued that these identified claimants failed to meet the filing deadline beginning in approximately April/May 2018. We are providing this update regarding the latest developments in connection with the issue of alleged untimeliness.

By way of brief background, in or about January 2023, we attempted notification (via email and first-class mail, whenever possible) of each claimant represented by us who was identified by USPS as being potentially untimely. In other words, if you are represented by us and USPS identified your claim as allegedly untimely, then we reached out to you on that issue, and provided instructions to you. Of note, a majority of the claimants in this case WERE NOT identified by USPS as being allegedly untimely.

In June 2023, the Administrative Judge issued several Notices of Intent to Dismiss Untimely Claims of Relief. In these notices, the Administrative Judge states that unless claimants who were identified by USPS as potentially untimely can establish that their claims were timely or demonstrate good cause why they should be accepted even though they were untimely, such claims will be dismissed. Both parties have a deadline of June 30, 2023 to respond to the Administrative Judge.

The Administrative Judge has provided a spreadsheet to the parties, along with directions for organizing the information and documents in a specific manner for consideration by the Administrative Judge. Our offices are currently busy preparing such documentation/information for the Administrative Judge.

It should be emphasized that the Administrative Judge has not yet issued any final decisions regarding dismissal on the basis of untimeliness. We continue to advocate on behalf of all claimants who are represented by us.

If you have any questions about this issue, including whether your claim is on the untimely list, please contact us at [email protected] or 585-272-0540.