When Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) claims are denied, claimants may appeal the decision. But the Social Security Administration (SSA) gives claimants a deadline to appeal. This appeal deadline is generally 60 days after you receive your notice of denial.
The SSA does typically allow five days for mailing of the document. If claimants miss this deadline and still file their appeal, SSA may deny your claim because the appeal was filed late.
Types of Appeals
There are four levels of appeal:
- Hearing by an administrative law judge,
- Review by the Appeals Council, and
- Federal Court review
You can request an appeal online for a reconsideration, a hearing by an administrative law judge, and a review by the Appeals Council. If you’re wondering which level of appeal you should seek, you should review your original Notice of Denial. This letter contains guidance on what level of appeal you should select.
When You Miss The Deadline
If you wish to continue your claim and appeal the decision but you are past the deadline, you must provide SSA with a statement. This statement, sometimes called a “good cause statement,” must be submitted in writing to the local Social Security office handling your claim.
There are some reasons SSA may accept a late appeal, including the following:
- You have an illness or medical condition that prevented you from contacting SSA.
- You have an illness or medical conditions that made it difficult for you to understand or know about the need to file a timely request for appeal.
- You never received a Notice of Decision.
- You have unusual or unavoidable circumstances.
Once you prepare your statement of good cause and submit It to your local SSA office, they will render a decision. It is up to the local office to make this decision. If they decide your reason is valid, you can continue your appeal. If they decide your reason isn’t valid, you will have to start the process over again with a new application.
One of the reasons we recommend claimants work with a good disability lawyer is to avoid missed appeal deadlines and other mistakes. If you’re considering filing for disability or appealing a denial, contact us today. We will sign onto your case quickly and submit your appeal in days.