SOCIAL SECURITY DISABILITY APPEAL DEADLINES ARE ALWAYS 60 DAYS



Social Security Disability Appeal Deadlines Are Always 60 Days



 
Social Security allows all disability decisions to be appealed if a disability applicant disagrees with their decision. Social Security has a sixty-day appeal period that begins with the date of the decisional notice.

While the actual appeal period is sixty days, Social Security allows an additional five days for the mailing of the decisional notice which, in effect, increases the overall number of days a disability applicant has to get their appeal to their local Social Security offices to sixty-five days. This is the basic deadline for all Social Security appeals.

However as with so many things, nothing is written in stone. For instance, if a person has a good reason for being late with their appeal they may still be able to file their appeal. When a person files their appeal late, they can give a statement of "good cause" with their appeal. A good cause statement should contain a detailed reason as to what has prevented a timely appeal filing.

A Social Security claims representative will evaluate the good cause statement and determine whether or not good cause can be given--if the late appeal does not involve an issue going before an administrative law judge (i.e. disability hearing request). In those cases, the Social Security administrative law judge determines whether or not good cause can be given.



So what are some of the acceptable good cause reasons? If a person had a catastrophic event which caused their records and papers to be destroyed (house fire or flood); the person has mental issues that prevented them from completing and returning their appeal timely; a death in the immediate family; a hospital stay, or even non-receipt of a decisional notice.

These are just some of the reasons a disability applicant might be given good cause for filing a disability appeal late, of course there are probably others.

While there are exceptions to the sixty-day appeal period, it is most often advisable to return your appeal timely unless there is a very good reason why you are late. Generally, claims representatives are more lenient about granting good cause than administrative law judges.

However, a denial for good cause for your disability appeal at any level means that you will have to begin the entire disability process again. This is why it is best to file all appeals on time.


About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.







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