If you are denied Social Security Disability benefits, you have the right to appeal ― but you can’t do it at your own leisure. Specific deadlines must be met.
You have 60 days to file an appeal after you receive a denial letter, regardless of where you are in the Social Security Disability process. Social Security allows an additional five days for mailing which, in essence, gives you 65 days to get in your appeal.
If you miss the Disability appeal deadline, your claim will likely be dismissed and you will have to start completely over. That is, you will have to file a new application and reapply for Disability benefits.
There are exceptions, however. In some cases, Social Security will accept a late appeal if you can show that you had “good cause” ― or good reason ― for not filing your appeal in a timely manner. These could include:
- Extenuating circumstances, such as a severe illness, hospitalization, or a death in your immediate family, prevented you from contacting the Social Security Administration.
- You never received notice of the decision from the Social Security Administration.
- The Social Security Administration gave you incorrect or confusing information about appealing your denied Disability claim.
- You have physical, mental, educational or language limitations that prohibited you from filing in time.
- You were in the process of gathering evidence to support your claim, but you did not get it within the appeal time frame.
- The records you needed to file your appeal were destroyed by a fire or some other accident.
If you are approaching an appeal deadline and don’t think you can meet it, it’s best to contact the Social Security Administration and ask for an extension. If you have already missed the deadline, you should file a “Good Cause Statement” along with your appeal and explain the reasons for the delay.
An experienced Disability attorney can help you through this process. The attorneys at McDonald Law Firm would be glad to assist you and work to get your claim back on track. Going forward, we will stay on top of your case for you and make sure that you never miss a Disability deadline.
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We hope you found this information helpful. The Disability team at McDonald Law Firm understands Social Security Disability law. Whether you need to file an initial application or appeal a denied Disability claim, we can help you. Call us today at 855-702-9061 for a free case review. We’ll fight to get you the benefits you’ve earned.