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.
About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.
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