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Appealing a Social Security Disability Denial

by | Sep 9, 2016 | Social Security Disability |

Appealing a Social Security Disability Denial

One of the most important things to do when you get a Social Security disability or Supplemental Security Income denial letter is to take action to file an appeal as soon as possible. After all, you only have 60 days to file that appeal. If you’re late filing your appeal just because you weren’t sure what to do or you forgot, you’re most likely going to be stuck filing a whole new disability claim. That means you’re losing time and money. So you always, always want to make the best effort possible to file your appeal within 60 days.

But sometimes life legitimately gets in the way of timely filing an appeal. Social Security knows this and will, on occasion, accept good cause for filing your appeal late. Social Security Regulations 20 C.F.R. § 404.911 provides some examples of when Social Security will find that you had good cause for filing your appeal after 60 days. These include (but are not limited to):

1. You were seriously ill and were prevented from contacting SSA to file the appeal

2. There was a death or serious illness in your immediate family.

3. Important records were destroyed or damaged by fire or other accidental cause.

4. Social Security gave you incorrect or incomplete information about when and how to request administrative review or to file a civil suit.

5. You did not receive notice of the determination or decision.

If it’s been over 60 days since your disability claim was denied, but you believe you have legitimate good cause for failing to file your appeal, you may be able file an appeal if you can prove you had good cause for missing your deadline.

If your claim for Social Security Disability or Supplemental Security Income has been denied and you have questions about filing an appeal, contact the experienced disability attorneys at Gardberg & Kemmerly, P.C. to discuss your options. Gardberg & Kemmerly, P.C. represents Social Security disability claimants in Alabama, Mississippi, Florida, and Louisiana at all levels of the disability process from initial application to appeals to Federal Court.



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