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Social Security disability and appeals deadlines

by | Jul 11, 2019 | Firm News, Social Security Disability

New York residents whose application for SSI disability or SSD benefits was denied can appeal the decision. They only have up to 60 days after the date of the denial, with an additional five days to account for the mailing of the denial letter, to submit an appeal. This gives them 65 days total for sending their appeal to the Social Security office for reconsideration appeals, requests to have disability hearings and requests for the reevaluation of an administrative law judge’s ruling.

Because of the amount of time given to an applicant to file and submit an appeal, the Social Security Administration may not excuse a late appeal. If individuals submit their appeals after the deadline, their case will generally be brought to an end. In order for them to continue to try to obtain disability benefits, they will have to start the application process over from the beginning.

However, there are certain situations that may be considered valid reasons for submitting a late appeal. The Social Security Administration may accept late appeals if the applicant was not provided notification of their denial or had a mental or physical condition that prevented them from submitting a timely appeal.

There is no guide that details the exact situations in which it may be determined that an applicant had a valid reason for not being able to adhere to the appeal deadline. If the verified reason is logical and rational, it is likely that it will be accepted.

An attorney who handles Social Security disability cases may assist clients with navigating the appeals process for denied claims. The attorney may explain the reasons for the denial of a claim and explain the appeals process. Help may be provided for obtaining necessary documentation, and the attorney may advocate on behalf of clients during appeals hearings.