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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).
Social Security Disability and SSI Resource Center
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Social Security Disability and SSI Claim Reviews
Social Security Disability SSI System and Benefits for Children
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Disability hearings before Judges
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Various Types of Benefits including SSI, Mental, and Child benefits
Social Security and SSI based on Mental Disability
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Social Security Disability SSI: Medical Evidence and Records
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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
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Receiving a Social Security Disability Award Letter
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