Does The Social Security Disability Reconsideration Have A Time Limit?

The social security administration has no set time limit for making a disability determination on disability hearing appeals (hearings can take twelve months or longer to schedule, let alone the time required for an administrative law judge to make a decision and issue a notice of decision.

Now if a person questions the amount of time an individual has to file a reconsideration appeal, the answer is quite different. All Social Security appeal periods begin with the date of the decisional notice mailed out by Social Security and claimants are given sixty days to file their appeal. But because Social Security mails all decisional notices via the US postal system, they also allow five days mailing time for the notice to reach the disability claimant.

This means that a reconsideration appeal has to be in the disability claimant's local Social Security office on the sixty-fifth day from the date of the decisional notice. This is not the same as saying that the appeal has just been post marked on that day. To be considered timely, the social security office must have the appeal forms physically in hand by the 65th day (from the date of the denial notice) for the appeal to be considered timely.

If the reconsideration is received after the 65th day, the disability claimant has to provide a statement that gives a good reason for their late filing. If it is determined that "good cause" for late filing can be granted, the disability applicant's reconsideration appeal will be sent to the state disability agency for a decision.

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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