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Recent Questions

SSDRC Disability Blog

What do I do if an appeal deadline was missed by my disability lawyer?




 
After being denied 2 times, I hired an SS lawyer to handle my case. He missed the deadline for an appeals hearing and I didn't find out about it for almost 2 years. Tired of waiting, I contacted SS and they said they had no record of my claim. How does one handle such a predicament?



I am afraid there is only one way to handle it at this point and that is for your to file another disability claim. It is unlikely an ALJ would allow good cause or a hearing appeal two years after the denial of your reconsideration appeal.

Perhaps you may be approved with a new claim; there are many factors that affect a disability decision. You are a couple years older and that can make a difference if your conditions may have worsened. I know this is not an answer that is very palatable. The attorney missed your deadline and allowed your case to lapse. But, very unfortunately, it (filing a new claim) is the only way you may possibly get disability benefits.

I will say that the situation you experienced is one of the reasons why it is surely good advice to stay in routine contact with your disability representative or disability lawyer. By doing so you can both remain on the same page with regard to any notices that have been sent out by SSA, particularly notices of denial on a claim, but also notices regarding the scheduling of medical exams and also requests for information from you (usually made by the disability examiner).








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








Related pages:

Factors that affect how Long it takes for A Social Security Decision Letter
Are Education or Age factors for Social Security Disability or SSI?
Decision on Social Security Disability or SSI is based on evidence of functional limitations factors
Social Security Notice of Denial for a Disability Application or Appeal
What do you do if your Social Security Disability or SSI Claim is denied?
Process of a Disability Review


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 provide answers to basic questions about pursuing disability benefits

Receiving a Social Security Disability Award Letter
What Can I Do to Improve My Chances of Winning Disability Benefits?
How do you find out if a Social Security disability claim has been approved or even denied?
Can I Qualify For Disability and Receive Benefits based on Depression?
How much does Social Security Disability or SSI pay?
How does the Social Security Disability Review work?
What is the difference between Social Security Disability and SSI?
More differences between Social Security Disability and SSI