As a Social Security disability attorney with Marc Whitehead & Associates, I’ve helped many clients who’d all but given up on getting Social Security disability benefits since they’d missed their deadline and had late appeals.
They thought they were out of options because the regular rules effectively close the door on claimants for missing deadlines. But what most people don’t know is that there’s a little-used rule that may be able to help them: SSR 91-5p. This policy allows adjudicators to extend the time for the claimant to file an appeal if they feel that there’s a good cause for missing the deadline. How long can the extension be? In some cases, Social Security Disability lawyers have used this policy to argue for an extension years or even decades later.
Social Security Disability Attorney: The Importance of Late Appeals
Typically, claimants have to appeal any denial of benefits within 60 days. Neglect to do this and you’re likely to get a res judicata finding, which essentially means the disability doesn’t count during the unappealed period. And if you don’t appeal the denial within four years, it won’t be reviewed at all. Basically, you’re out of luck in terms of getting Social Security disability benefits for any of that missed time, and you’ll have to file a completely new application. People can lose out on years of benefits and even become disqualified for SSDI completely. If this happens, they’ll only be eligible for SSI. Read our free Social Security disability eBook to learn more about the overall process.
For a free legal consultation, call 800-562-9830
Social Security Disability Attorney: What Constitutes “Good Cause”?
Of course, getting this extension to appeal your Social Security disability benefits rejection isn’t easy. To determine “good cause,” adjudicators must look at claimants’:
- ability to read and write
- understanding of the English language
- limited education
- whether they have any physical or mental condition that limits what they can do for themselves
If they find that any of those issues impeded the claimant’s ability to file the appeal in a timely matter, the appeal time may be extended. To get help on your late appeal, contact a Social Security Disability Attorney as soon as possible by calling 800-562-9830.
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