Social Security Disability Resource Center

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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.

  • What medical conditions will get you approved for disability?

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  • Which conditions will social security recognize as a disability?

  • Tips for getting Social Security Disability or SSI benefits approved

  • SSDRC Homepage:

    Social Security Disability and SSI Resource Center

    The Most Basic questions about Getting Disability Benefits

    Social Security Disability SSI and whether or not you can work

    Common Mistakes to avoid after being denied for Disability

    Social Security Disability SSI Questions and Answers

    More Social Security Disability SSI Questions and Answers

    Common Questions about Social Security Disability and SSI

    Winning Social Security Disability or SSI Benefits

    The SSI Disability Benefits Program

    Medical exams for disability claims

    Applying for Disability in various states

    Social Security Disability SSI and Doctors - Yours and Theirs

    Social Security Disability and SSI Claim Reviews

    Social Security Disability SSI System and Benefits for Children

    Denials, Appeals, and Getting a Disability Lawyer or Representative

    What you should know about Social Security Disability and SSI Denials

    Questions about Disability Lawyers and Hiring a Disability Attorney

    Frequently asked questions about getting Denied for Disability Benefits

    FAQ on Disability Claim Representation

    Disability hearings before Judges

    Selecting and hiring Disability Lawyers

    Various Types of Benefits including SSI, Mental, and Child benefits

    Social Security and SSI based on Mental Disability

    Social Security Disability or SSI Benefits for Children

    Disability Benefits through Social Security

    Filing for Social Security Disability or SSI Benefits

    Social Security Disability SSI: Medical Evidence and Records

    Filing your claim for disability benefits

    Eligibility for receiving disability benefits

    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

    Resources on this site

    Social Security Disability, SSI Terms and Definitions

    Previously answered questions regarding SSD and SSI

    For Individuals living in North Carolina

    Applying for Disability in North Carolina

    North Carolina Disability Lawyer

    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?
    Tips for SSD and SSI disability hearings
    What to do if you get a letter about your disability claim or appeal?
    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.

    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