Overview of Disability

Disability Back Pay

Disability Requirements

Disability Applications

Disability Advice Tips

How long do cases take?

How to win Disability

SSD Mistakes to avoid

Disability for Mental

What if you get denied?

How to file Appeals

Disability through SSA

SSI Disability Benefits

Disability for Children

How do I qualify for it?

Working and Disability

Disability Award Notice

Disability Lawyer Q&A

Disability Conditions List

What is a disability?

Your Medical Evidence

Filing for your Disability

Disability Eligibility

SSD SSI Definitions

Recent Questions

SSDRC Disability Blog

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.

Return to:  Social Security Disability Resource Center, or read answers to Questions

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?
Winning a Social Security Disability Appeal or SSI Appeal

Information on the following topics can be found here: Social Security Disability Questions and in these subsections:

Frequently asked questions about getting Denied for Disability Benefits | FAQ on Disability Claim Representation | Info about Social Security Disability Approvals and Being Approved | FAQ on Social Security Disability SSI decisions | The SSD SSI Decision Process and what gets taken into consideration | Disability hearings before Judges | Medical exams for disability claims | Applying for Disability in various states | Selecting and hiring Disability Lawyers | Applying for Disability in North Carolina | Recent articles and answers to questions about SSD and SSI

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

Filing for disability - How to file for SSD or SSI and the Information that is needed by Social Security
How to Apply for Disability - What medical conditions can you apply and qualify for?
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?
How to Prove you are disabled and qualify to win disability benefits
How do you prove your disability case if you have a mental condition or impairment?
Social Security Disability Back pay and How Long it Takes to Qualify for it and receive it
Social Security Disability SSI - Eligibility Requirements and Qualifications Criteria