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

Can you appeal a disability denial in New York after the deadline?

Social Security always allows you to appeal a disability denial even if you are past the deadline. However, Social Security also reserves the right to deny your appeal based on late filing of your appeal.

If you appeal your Social Security Disability denial in New York past the appeals period of sixty-five days (from the date of the denial), you may request that Social Security grant you “good cause” for your late filing.

What is good cause? Good cause means that you have a good reason for being late in filing your disability appeal. Social Security has guidelines that establish what might be considered a good reason for being late, all of which are logical and reasonable. For example, if you were ill or hospitalized you would likely be granted good cause for the filing of a late appeal.

However, good cause determinations often are at the whim of the claims representative at the Social Security office who is assigned to your disability appeal, so include a letter stating why you were late in filing your appeal.

Sometimes Social Security claims representatives will be lenient in interpreting the guidelines depending on your reason and how late you are filing the appeal. Of course, if Social Security denies your request for appeal, you will have to file a new disability claim.

Also, and this is particularly important to keep in mind: even if the CR (claims representative) at the Social Security office grants you good cause for sending in a late appeal, the fact that you submitted a late appeal may pose a problem for you later.

Disability judges (administrative law judges) in New York have been known to conclude that a case that makes it to the hearing level did not, in fact, have sufficient good cause for the submission of a prior appeal. Why is this an important consideration? Because the time between requesting a disability hearing and being granted a hearing date can often equate to more than a year.

The simple truth is: no one wants to wait a year or longer for a hearing date, only to find out on the day they show up for the hearing that the judge will not even allow the case to be heard because the appeal that was submitted a year before was untimely.

For this reason, claimants are strongly advised to make sure that their appeals are sent in well before the deadline expires. Claimants who are represented, of course, by a disability attorney or non-attorney disability representative should not have an issue with late appeals.

Essential Questions

What is the Social Security Disability SSI list of impairments?

Can you work while getting or applying for Disability?

How Often Does Social Security Approve Disability The First Time You Apply?

Tips for getting Social Security Disability or SSI benefits approved

What medical conditions will get you approved for disability?

What kind of Mental Problems Qualify for Disability?

Receiving a Disability Award Letter

Conditions Social Security will recognize as a disability

Previously answered questions regarding SSD and SSI

Applying for disability in your state

Most popular topics on SSDRC.com

Social Security Disability SSI Questions

The listings, list of disabling impairments

Can a mental illness qualify you for disability?

Disability Lawyers prevent unnecessary denials

How much Social Security Disability SSI back pay?

How to apply for disability for a child or children

Filing a Social Security Disability SSI application

Filing for disability - when to file

How to apply for disability - where to apply

Qualifications for disability benefits

How to Prove you are disabled and Win your Disability Benefits

Qualifying for Disability - The Process

How to get disability for depression

Getting disability for fibromyalgia

SSI disability for children with ADHD

What is the Application Process for Social Security Disability and SSI?

Common Mistakes to avoid after being denied for Disability

Social Security Disability SSI Exam tips

More Social Security Disability SSI Questions

Social Security Disability SSI definitions

What makes you eligible for Social Security Disability or SSI?

New and featured pages on SSDRC.com

Who can help me file for disability?

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?

Qualifying for disability in Missouri

Will I qualify for disability in Missouri?

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.