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Attorneys Gardberg & Kemmerly
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How many days do I have to appeal my unfavorable decision?

by | May 25, 2018 | Social Security Disability |

You went to a hearing and waited months only to receive an unfavorable decision from the judge. Do not despair! You do have options, but you do not have much time! The Social Security Administration (SSA) usually assumes you received the decision within 5 days of the date on the decision, and you have sixty days from the date you get the notice in order to appeal your denial. So essentially, it is generally calculated that you have approximately 65 days to appeal your denial of benefits.

Our firm handles a large case load of Social Security Disability claimants and it has come to our attention lately that Social Security has been dating the decisions already anticipating the 5 day mailing period. For example, you may receive your decision on May 9, 2018 and it is dated May 9, 2018. Obviously, it is impossible for them to mail and date the decisions the same day, especially considering the decision are mailed from a central print facility in Virginia. We contacted one of the local Office of Hearings Operations (OHO) that we work with and was advised that generally the decisions are dated including the 5 day mailing period.

The decisions still all seem to have the usual “Time Limit To File An Appeal” language in them, which states:

You must file your written appeal within 60 days of the date you get this notice. The Appeals Council assumes you got this notice 5 days after the date of the notice unless you show you did not get it within the 5-day period.

If you have been denied it is best to process your appeal based on the 60 days only and not figure on an extra 5 days due to the mailing time of your decision. Processing the appeal takes time and it’s best to know your timelines and options. If you or someone you know has been denied, talk to an experienced disability representative at our firm who can help advise you on your best appeal options. Please call one of the experienced disability representatives at Gardberg & Kemmerly, P.C. at 251-343-1111 for a free consultation. Gardberg & Kemmerly specializes in helping the injured and disabled in Alabama, Mississippi, Florida, and Louisiana.



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