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If Your SSDI Appeal Is Late?

SSA deadlines are very rigid. If your claim is denied, you will have a very limited window during which to appeal. Failure to do so because you simply forgot or lost the application in a stack of bills will result in your having to begin the application process again from the start. However, there are extenuating circumstances under which an applicant may be granted an extension. A Houston Social Security disability attorney can tell you whether your late appeal is likely to receive an extension, but the following should provide you with a basic understanding of situations when SSA will make such an allowance

Filing for a Late Appeal

If you miss your deadline for filing an appeal, you may be able to request an extension to file if you can show good cause for missing the deadline. If SSA decides that your explanation is acceptable, they will allow an extension (20 C.F.R. §§ 404.909(b), 404.933(c), 404.968(b)). To request an extension, complete the appeal application and mail it along with a letter detailing why you were unable to meet the deadline, and that you are asking for an extension. You may also need to include an affidavit. A Houston Social Security disability attorney can work with you on drafting the letter, and considering what is at stake, you may feel the cost of legal assistance is worth your while.

Establishing Good Cause

Good cause may be established if certain criteria are met (20 C.F.R. § 404.911):

  • An action by SSA misled you so that you failed to understand that a timely appeal is necessary.
  • You have a physical, mental, educational, or linguistic limitation precluding you from filing the appeal or understanding that there is a deadline.
  • If you meet the above, and no one was designated as legally responsible for filing the claim on your behalf.

    • In addition, an authority with SSA can adjudicate whether good cause exists. Therefore, if you are appealing at the second level, the administrative law judge will make a determination whether you had good cause for filing a late Request for Hearing. Should you need to appeal beyond the hearing level, the Appeals Council will make this determination regarding a late Request for Review of Hearing Decision

    For Legal Assistance

    Needless to say, it is better that you file any appeal to an SSDI denial before the deadline. If you need legal assistance for a late appeal or other SSA matter, call Houston Social Security disability attorney Dana Speer for a consultation at 713-857-2123.

     

    Dana Speer

    713-857-2123 Direct Line
    877-373-5105 Direct Fax

     

     

     

     

     

     

     

     

     

     

     

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    Disclaimer: The information set forth on this site is not, nor is it intended to be, legal advice. We invite you to contact us and welcome your calls, letters and e-mails. This site is not affiliated in any way with the Social Security Administration and the term “social security lawyer” does not mean a lawyer or attorney who is affiliated with the Social Security Administration.