Social Security Disability RC

How to file for disability, Filing for SSI
Disability Requirements, Disability Status
How long is the wait?, Disability Application
Social Security Disability list of impairments
How to Qualify for Disability, Mental Disability
Disability Lawyers FAQ, Disability Back Pay

What Happens If I Miss My Social Security Disability Appeal Date?



 
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.








Essential Questions

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Can you work while getting or applying for Disability?

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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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Related pages:

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?
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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.