What is the Application Process for Social Security Disability and SSI?
How do you Win Benefits under Social Security Disability or SSI?
If I am determined disabled, how far back will Social Security pay benefits?
How do you prove your disability case if you have a mental condition?
What Can I Do to Improve My Chances of Winning Disability Benefits
Common Mistakes after Receiving a Denial of Social Security Disability or SSI Benefits
How to File for Disability - Tips for Filing
If You Get Approved For SSDI Will You Also Get Medicare?
How much does a Social Security disability attorney get paid?
Social Security Disability SSI Criteria and the Evaluation Process
How long does it take to be approved for SSI or Social Security disability?
What do you Need to Prove to Qualify for Disability Benefits?
Social Security Disability SSI and Fibromyalgia
Social Security Disability SSI and Degenerative Disc Disease
Can I Qualify For Disability and Receive Benefits based on Depression?
Answers to questions about SSD and SSI disability
What Disabilities Qualify for SSI and Social Security Disability Benefits?
Social Security Disability Status
Social Security Disability Tips — how a claim gets worked on
Social Security Disability, SSI Disability - Terms, Definitions, Concepts
What Happens If I Miss My Social Security Disability Appeal Date?
How to prove you are disabled
and win disability benefits
If your disability claim or appeal is denied, you have the right to appeal that denial. All disability claim decisions have a sixty day appeal period in which to appeal the disability denial. Social Security takes into account that the appeal period begins with the date of the denial notice, so they allow five additional days for the mailing time of the denial notice.
Basically, this means that any disability applicant who receives a disability denial has five extra days, for a total of sixty-five days, to get their appeal to Social Security. In order for an appeal to be timely it must be in the Social Security office of jurisdiction on the sixty-fifth day (counting from the date of the notice of denial).
If you want to file an appeal, you have a few ways to file your appeal. You can file your appeal online (on the Social Security website), you can mail in paper appeal forms, or you can go to your local Social Security office and file your appeal. It really does not matter which method you use just make sure to complete all necessary forms and return any requested forms. Remember that if you are represented by a disability attorney, you should contact this individual and have them file your social security disability appeal or SSI disability appeal for you.
What happens if you miss the Social Security appeal date? Really, this depends upon the CR, a.k.a. the social security claims representative (the CR is the person at the social security office who has the responsibility for handling your claim), who receives your appeal request. It also depends on how late the appeal is, and the reason your appeal was filed late. There is much more flexibility with late appeal filings at the reconsideration appeal level than with requests for hearings.
According to Social Security guidelines, good cause for late filing can be granted for some of the following reasons:
1. Non-receipt of the denial notice (this is the most commonly cited reason)
2. Mental illness (resulting in being unable to keep up with paperwork, complete forms, etc.)
3. Language problems (i.e. being illiterate or not being able to read English)
4. Physical limitations
5. Loss of important records due to fire, incarceration, theft, etc.
6. Being homeless with no relatives to help
These are just some of the reasons an individual may have filed their appeal late. Whatever the reason for your late filing, be sure to provide Social Security with a written statement as to why you were late in filing your appeal. You may or may not receive a determination of good cause from Social Security (which would allow your late appeal to be accepted); however it is most certainly worth attempting.
If you do not receive good cause for late filing, you will have no other choice but to file a new initial disability claim and start all over. As I stated earlier, administrative law judges are not very flexible with late filing for hearing requests and they routinely dismiss them wthout good cause.
If you think that you may have a problem filing your appeal timely, you should hire a Social Security disability representative (attorney or non-attorney) to file your appeals for you. Be sure that Social Security and your representative (if you obtain one) have a current address and phone number for you at all times.
Return to: SSDRC, or the Questions, Answers, Tips, and Advice page
Individual Questions and Answers
SSD and SSI are Federal Programs
The title II Social Security Disability and title 16 SSI Disability programs operate under federal guidelines and, therefore, the program requirements--medical and non-medical--apply to all states:
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming
Recent approval and denial statistics for various states can be viewed here:
Social Security Disability, SSI Approval and Denial Statistics by state
Special Section: Disability Lawyers and unnecessary claim denials