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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

What If you intended an appeal of your Social Security Disability claim but missed the deadline?



 
The deadline for any disability appeal under the social security system (this would include an appeal for a denied SSI disability claim, or an appeal for a denied Social Security Disability claim) is always 60 days from the date of the denial, plus an additional five days for mailing time.

This total sixty-five day deadline for getting your appeal sent in to the social security office applies to reconsideration appeals (this is the first appeal), requests for disability hearings (the second appeal), and requests for a review of an administrative law judge's decision (if you were denied at a disability hearing).

Since the amount of time a claimant is given to file and submit an appeal is fairly generous, there is usually no excuse, from the viewpoint of the social security administration, for getting an appeal in late. And if your appeal is submitted beyond the deadline, it generally brings an end to your case, meaning that, if you wish to continue pursuing disability benefits you will have to start with a new disability application.

Having said that, though, there are situations in which a claimant will be considered to have a good excuse for sending in a late appeal. Acceptable reasons will generally include the fact that a person did not receive notification of their denial or having a physical or mental condition that contributed to their inability to submit a timely appeal (such as being ill, not comprehending their notice of denial, or being hospitalized).



There is no absolute list of all possible situations in which a claimant may be considered to have a valid excuse for missing an appeal deadline; however, if the reason is rational and logical it will generally be accepted.

When a claimant submits a late appeal and is considered to have a valid excuse for this happening, they are found to have good cause. Good cause is granted by the social security office--more specifically, by the claims representative (CR) who has responsibility for the claim.

Claims representatives have responsibility for determining whether or not a claimant who has submitted a late request for reconsideration appeal has a valid excuse, or good cause.

When the appeal that has been sent in late is a request for hearing before an administrative law judge, then the CR can accept the claimant's excuse for the non-timely appeal; however, the judge who later conducts the hearing ultimately has the authority for deciding whether or not the non-timely request for a hearing should be accepted.

This, of course, poses a certain danger for claimants who send in a late request for a hearing. Why? Because the claims representative at the social security office may accept the claimant's excuse for the late hearing request. But when the judge actually looks at the claim many months later they may decide that the excuse is not particularly valid. This would mean that the claimant would have to start over again since the administrative law judge would not have granted good cause for the non-timely appeal. So...claimants who seek good cause should do this only for a reason that most individuals, i.e. judges, would consider reasonable and acceptable.








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Previously answered questions regarding SSD and SSI

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Related pages:

What Are The Odds of Winning A Social Security Disability Appeal?
How does the Social Security Disability Appeal Process work?
Can You Appeal A Decision By A Judge On A Social Security Disability or SSI Case?
If You Get Denied For Disability Should You appeal Or file A New Claim?
If you appeal a Social Security Disability denial, how long does it take to receive a decision?
How long does it take to appeal a disability case?
Your Chances With SSDI Disability or SSI On the First Appeal, The Reconsideration
Social Security Disability Appeal Deadlines Are Always 60 Days
Doing the SSDI Appeal Online
What is the process to file a Social Security Disability appeal?
What is the Social Security Appeals Time Limit
What If you intended an appeal of your Social Security Disability claim but missed the deadline?
What Happens If You File A Late Social Security Appeal? (What is Good Cause?)
What Are the Chances of Winning an SSA Disability Appeal?
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How many disability applications are approved?
Can you get a quick disability approval in Missouri
How long does it take for a disability decision in missouri?
Will I qualify for disability Benefits in Missouri?



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.