The Social Security Administration denies benefits to nearly 70% of applicants for disability benefits. A four-level disability appeal process provides unsuccessful claimants with opportunities to challenge an unfavorable outcome.
You have only a limited time to file an appeal, and a late appeal filing could mean the loss of the right to fight the denial of a claim. Before giving up and filing a new claim, which could mean the loss of some back pay that you could have received, you could request an appeal extension.
The disability attorneys at Sackett and Associates have helped people throughout California and nationwide with their disability claims, including disability appeals, for more than four decades. They understand the importance of SSA appeals deadlines, but they know that life sometimes gets in the way. If that happens to you, here is a guide to handling a missed deadline appeal.
The SSA Appeals Process
When the SSA makes a decision on your claim for disability benefits, it notifies you by letter. You have only 60 days from the date you receive the letter to appeal a decision.
The appeals process consists of four levels, but it may not be necessary to go through all levels. You may accept the outcome at any level as the final result and end the process, provided you agree with it.
Levels of the appeals process include:
- Request For Reconsideration: A disability examiner and medical consultant who were not part of the team involved in the original evaluation of the claim. Think of it as a “new set of eyes” reviewing the application and supporting evidence.
- Request A Hearing with an Administrative Law Judge: If you disagree with the outcome of a reconsideration, you may request a hearing with an ALJ. The judge reviews the evidence contained in the case file, along with newly submitted evidence from your disability lawyer. Vocational and medical experts, as well as other witnesses, may testify at the hearing. The ALJ may question you about your condition and the limitations it causes.
- Request an Appeals Council review: Hearing decisions may be challenged by an appeal to the Appeals Council. New evidence may be submitted by your disability attorney to support your claim.
- File a civil lawsuit in federal court: The fourth level of the appeals process requests review of the claim by a federal district court judge in a civil action that your disability lawyer files on your behalf.
If you do not appeal a decision within the 60-day deadline, you could lose your right to challenge an adverse decision affecting your right to benefits. However, you can request an extension to appeal, but there are rules and procedures to follow.
How To Request More Time To Appeal A Decision?
As far as the SSA is concerned, missing the deadline to appeal means the decision made about your claim for disability benefits becomes final. Not only do you lose the right to challenge it at the level where you missed the deadline, but you cannot appeal to any subsequent levels of the appeals process.
To avoid losing the right to appeal, act quickly as soon as you realize that you missed the filing deadline and need an extension. If you missed the deadline to appeal a denial of a claim, you should request an extension. The extension request must be in writing and include a thorough explanation of the reason for missing the deadline.
Examples Of What The SSA Recognizes As Good Cause For A Late Notice Of Appeal
When it receives a request to extend the deadline for an appeal, the SSA takes into consideration the circumstances that prevented you from filing on time. Factors may include the following:
- SSA action misled you.
- You did not understand the requirements because of recent changes to the law or court decisions.
- You had a physical, mental, educational, or language limitation that prevented you from complying with the filing deadline.
- Existence of a good cause reason.
Examples of good cause SSA may consider as justification for a late appeal include:
- Serious illness.
- Death or serious illness in your immediate family.
- Destruction or damage by accidental causes of essential records.
- You diligently tried but could not locate documents or information essential to the claim.
- You did not receive notice of the decision.
These are not the only reasons for filing late, so seek advice from a disability attorney.
Contact A Disability Attorney At Sackett Law
Missing the deadline to appeal can feel like giving up, but it doesn’t have to be. You may request an extension, but first speak with a disability professional at Sackett and Associates. Let our disability lawyer guide you through the process of filing a late, by contacting Sackett Law today for a free consultation.
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