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How to file for disability, Filing for SSI
Disability Requirements, Disability Status
How long is the wait?, Disability Application
The Social Security List of Impairments
Qualifying for Disability, Mental Disability
Disability Lawyer Info, Disability Back Pay

How Long Are You Given To Appeal Your Social Security Disability Denial?



 
If your disability claim has been denied, you can appeal your decision. Social Security has a disability appeal process that can take an individual from an initial disability claim all the way to federal court. The appeal steps, in order, are: 1. the request for reconsideration (the first appeal that takes place after the denial of a disability application),

2. the request for a hearing before an administrative law judge,

3. the appeals council review (the appeal following a denial by a judge at a disability hearing), and

4. federal district court (for those individuals who have been denied by the appeals council).

The disability appeal period is the same no matter what level of the disability process the claim is at. Social Security allows an individual a sixty-day appeal period that begins with the date of the disability decision notice plus five days for the mailing of the decisional notice. This means that an individual has sixty-five days total to file their appeal with their local Social Security office. The appeal must be received in the Social Security office within the sixty-five days to be a timely appeal.



If you want to make sure that your disability claim moves to the next level of the disability process, it is important for your appeals to be timely. If you are not timely, your disability appeal might be denied for late filing.

In general, Social Security claims representatives (these are the people who work in social security offices and take claims for retirement and disability benefits) are somewhat flexible with a late filed appeal...if the disability claimant can provide a statement with a reasonable reason as to why their disability appeal was filed late.

The granting of good cause (good cause exists when the social security administrations accepts a claimant's excuse for submitting something in an untimely fashion) for the late filing of an appeal is at the discretion of the claims representative (CR). And the CR will have the final word on this for a request for reconsideration that was sent in late.

However, even if a CR grants good cause for the late filing of a request for a disability hearing (the second appeal in the system), the person who will have the last and final word on accepting the late appeal will be the judge who ends up being assigned to hear the case.

To repeat: even if a CR grants good cause for the late filing of a request for an administrative law judge hearing, the judge does not have to concur. Administrative law judges are not very flexible when it comes to late filing and they often do not grant good cause.

In most cases, however, sixty-five days is plenty of time to file an appeal. Social Security has even added an online appeal filing process that may be more convenient for disability applicants and the online appeal process is often used by disability lawyers and non-attorney disability representatives.








Essential Questions

What is the Social Security Disability SSI list of impairments?

Can you work while getting or applying for Disability?

How Often Does Social Security Approve Disability The First Time You Apply?

Tips for getting Social Security Disability or SSI benefits approved

What medical conditions will get you approved for disability?

What kind of Mental Problems Qualify for Disability?

Receiving a Disability Award Letter

Conditions Social Security will recognize as a disability

Previously answered questions regarding SSD and SSI

Applying for disability in your state



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Filing for disability - when to file

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Related pages:

If I get denied disability, should I get a lawyer?
Getting disability approved on a reconsideration with an attorney
Denied for disability, then my condition got worse
The Levels Of The Social Security Disability and SSI Application and Appeal Process
How does the Social Security Disability Appeal Process work?
Is it better to appeal or file a new claim if your disability is denied?
How Long Are You Given To Appeal Your Social Security Disability Denial?
How Long Does a Social Security Disability or SSI Appeal Take?
Will I be approved for disability on my appeal?
What Happens If I Miss My Social Security Disability Appeal Date?
How Do I Find Out How My Disability Appeal Is Going?
Can You Work While You Appeal Your Social Security Disability Decision?
How Long Does It Take To Get SSDI If You Have To Appeal?
If Your Disability Benefits Are Stopped Can You Get Them While You Appeal?
Winning a Social Security Disability Appeal or SSI Appeal
Qualifying for Disability in South Carolina
If you apply for disability in South Carolina
Disability Lawyer in South Carolina



These pages answer some of the most basic questions for individuals who are considering filing a claim.

Can you get temporary Social Security Disability or SSI benefits?

Permanent Social Security Disability

What is the difference between Social Security Disability and SSI?

Who is eligible for SSI disability?

Can I Be Eligible For SSI And Social Security Disability At The Same Time?

What makes a person eligible to receive disability benefits?

Applying for Disability - How long does it take to get Social Security Disability or SSI benefits?

What happens if I file a disability application and it is denied by a disability examiner or Judge?









For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic of Social Security Disability and SSI benefits in an article entitled "The Disability Mess" and also by the Los Angeles Times on the subject of political attempts to weaken the Social Security Disability system.

The goal of the site is to provide information about how Social Security Disability and SSI work, the idea being that qualified information may help claimants pursue their claims and appeals, potentially avoiding time-consuming mistakes. If you find the information on this site helpful and believe it would be helpful to others, feel free to share links to its homepage or other pages on website resource pages, blogs, or social media. Copying of this material, however, is prohibited.

To learn more about the author, please visit the SSDRC.com homepage and view the "about this site" link near the bottom of the page.