How to file for disability, Filing for SSI
Disability Requirements, Disability Status
How long is the wait?, Disability Application
The Social Security List of Impairments
Qualifying for Disability, Mental Disability
Disability Lawyer Info, Disability Back Pay
How long do you have to file your SSA disability appeals?
In a prior post, I discussed the topic of Social Security Disability application deadlines, basically stating that there is no deadline for social security to make a decision on a case (as opposed to adult medicaid claims that are based on disability and which do have a distinct deadline for processing). A case can take a few weeks to decide, or several months, though most initial claims are decided in under 4 months.
In this post, however, I'll state once more the fact that Social Security Disability appeals (and this goes for SSI disability claims as well) always have a filing deadline of 60 days from the date of the last denial.
In other words, if you are a claimant who has applied for disability and you receive a notice of denial in the mail, you will have 60 days from the date stamped on the denial letter to get your appeal on record with the social security administration. This first appeal is known as a request for reconsideration.
Likewise, if you have been denied for disability, filed your first disability appeal, and then been denied on this (the reconsideration), you will also have 60 days from the date on the denial notice to file your next appeal (a request for hearing before an administrative law judge).
At the risk of being redundant, you always have 60 days to file a disability appeal, regardless of the level at which your claim was last denied, making the topic of appeal deadlines fairly simple in one sense. However, there are additional things to point out.
1. The social security administration does not make an effort to inform claimants of this, but claimants are also given an additional five days to get their appeal in and this is to account for "mailing time". Which, all things considered, is fairly generous.
2. Meeting the deadline to file a Social Security Disability appeal or SSI disability appeal does not simply equate to mailing your appeal paperwork by the last day and having your mailing envelope postmarked by the deadline date (so many people seem to think this, but its a false assumption).
Meeting the deadline to file a disability appeal means having your appeal paperwork received by the social security office by the deadline date.
Number 2 is very very important. And what it really means is that because neither claimants nor the social security administration have any control over the U.S. mail, disability claimants should really get their disability appeal paperwork mailed in immediately.
In fact, my own advice is to get the appeal completed (online or by mailing) within days of being notified that a disability denial has been issued.
Represented claimants, of course, shouldn't have to worry about missing a deadline because this what their disability lawyer or non-attorney claimant's representative will do for them in the course of their duties.
However, claimants bear some responsibility here as well. What do I mean by this? Simply that social security, when they issue a denial, will send a copy of the denial notice to both the claimant and the representative---however, sometimes they neglect to send a copy to one or both parties.
Therefore, for this reason, claimants who are represented and receive a denial letter should not simply assume that their representative is aware of the denial and is in the process of filing an appeal. Instead, claimants who have been denied should immediately notify their representative to make sure that both parties are aware, and so that an appeal deadline will not be missed.
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These pages provide answers to basic questions about pursuing disability benefits
Social Security Disability attorneys and representatives
What is the status of your Social Security Disability or SSI case
Rules and requirements to apply for disability
Will I qualify for disability?
Apply for disability for any medical condition
Steps and Tips for requesting a disability hearing
If your disability claim is approved or denied
Social Security Award letter for SSD, SSI
Temporary Social Security Disability SSI
Social Security Disability SSI reviews
How social security evaluates attention deficit
Filing for disability with Post polio syndrome
Tips for Getting Disability Approved
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SSI award notices are received by approved claimants
Winning and getting disability with a mental condition
Getting disability for rheumatoid arthritis
Can you work if you get Disability?
Who qualifies for SSI and how
How to file for disability and where to apply
Conditions that may qualify as disability
Denied on a disability application
Answering questions at a Social Security Disability hearing
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.