Missing the Deadline to File a Social Security Appeal
Is it better to file an SSDI appeal or new application?
It depends on the individual’s situation. Generally, filing an appeal is the best course of action if an initial application for Social Security Disability Insurance (SSDI) benefits was denied. However, there may be some circumstances in which it might be better to file a new application, such as if the individual’s disability has become more severe since the initial application. It is important for individuals to consult an experienced disability lawyer to determine the best course of action for their individual situation.
It depends on the individual situation. If your application was denied, submitting an appeal can be a better option because it allows you to present new evidence and additional information about your disability. However, if you have had a major change in medical condition, then filing a new application may provide a better opportunity to receive benefits.
If you have been denied Social Security benefits, you have the right to appeal the decision. The problem is that the appeals process can take some time and you must meet certain deadlines. Failing to meet those deadlines is one of the most common mistakes when trying to appeal a denied Social Security claim.
The appeals process for Social Security benefits begins when you receive a Notice of Disapproved Claim. It will have the deadline for filing your appeal printed on it. If you miss that deadline then you will not be able to continue the appeals process.
Missing the deadline to file an appeal can be very frustrating. Social Security representatives can often be difficult to contact and there are only so many hours in the day. Furthermore, if you wait too long after receiving your Notice of Disapproved Claim, the appeal process may already be too far along.
However, you may still have some options if you do miss the deadline so don’t give up. You may be able to request a late appeal in certain circumstances. For example, if you have a good reason for missing the deadline (such as illness, etc.) or were unable to follow through with the appeals process due to miscommunication, Social Security officials may allow you to appeal after the deadline.
It is important to note that the process of requesting a late appeal is complex and requires extensive documentation. You will need to provide detailed proof of why you missed the deadline and why you deserve an extension. Documentation such as medical records, proof of absent periods, and other relevant evidence will be necessary.
You will need to fill out an application for the late appeal, which can be obtained from your local Social Security administration office. After you submit the application, a review will be conducted and you should hear back in 30 days.
It is important to remember that even if you are granted a late appeal, there is no guarantee that your claim will be approved. It is still based on the normal standards of evaluation used to determine your eligibility for Social Security benefits.
Missing the deadline to file an appeal for Social Security benefits can be a frustrating experience, but it isn’t necessarily the end of the process. It is important to act quickly after you receive the Notice of Disapproved Claim and reach out to your local Social Security Administration office for help with the appeals process. They can help guide you in the right direction and provide you with the documentation you need to submit a late appeal if necessary.
Finally, you may wish to get legal help with your Social Security appeal. The appeals process can be complex and there is a lot of paperwork involved. A lawyer familiar with the Social Security appeals process can help ensure that your appeal is done correctly and that all the necessary evidence and arguments are presented to the SSA.
No matter what the situation, always remember that it’s possible to appeal after the deadline has passed. Just be sure to follow the process outlined here and always keep the SSA informed of any changes or updates to your claim. With the right guidance and the right approach, you still have a chance of getting the benefits you need and deserve.
What can a lawyer do if you missed the appeal deadline?
Missing the deadline to appeal Social Security Disability (SSDI) benefits or Supplemental Security Income (SSI) can be a frightening proposition for those relying on the payments. Fortunately, for a claimant who has missed the deadline to file an appeal, help from an experienced lawyer can ensure the process continues.
First, the lawyer will review the particulars of the case to understand why the appeal was not timely filed. This information will help assess if any special circumstances exist that may allow an appeal to be pursued, even after the deadline passed. These circumstances can include fraud, confusion with the appeals process, newly discovered evidence, or inadequate legal representation.
Second, if the lawyer finds any reason to move ahead on the case, they will file a motion for an extension of time. If approved, this will grant the claimant additional time to adequately prepare and present the case before the Administrative Law Judge (ALJ). The motion is essentially a request to reopen the appeal and includes a brief explanation why the deadline was not met.
The motion is typically filed with the law firm’s initial argument to the appeal and must explain why the SSI request was not filed timely. After the ALJ receives the motion, they may hold a hearing to hear arguments from both sides and determine if the extension should be granted. If the ALJ does grant the request, the claimant will have the opportunity to present a case for SSI, even after the deadline passed.
Should the ALJ deny the request, the claimant may seek to appeal this decision. An experienced lawyer can help in this process, as well. In this situation, the lawyer may be able to work out a settlement agreement between the claimant and the SSA, or even file a writ of mandamus to order the ALJ to re-hear the case.
Ultimately, missing the deadline to appeal SSI benefits can happen to anyone and should not be a source of panic. With the help of an experienced lawyer, the claimant will have a chance to pursue the case and gain the social security payments they need, even if the deadline to file was missed.