If you have been denied benefits on a disability claim by the Social Security Administration (SSA), you still have four levels of appeal to use to try to win your case. After each denial, you always have sixty days to file an appeal. But what do you do if you are late in filing an appeal? If you can show that you have good cause, you should file the appeal late.
There are four items the SSA will consider when it decides whether or not you have good cause:
1) The circumstances that kept you from filing in time
2) If the SSA caused you to be late by confusing or misleading you
3) If you understood what you had to do
4) If you were impaired physically, mentally, or educationally from filing the appeal on time
Here are some examples that show good cause to file an appeal late:
* You were so sick you could not contact the SSA or ask anyone else to do it
* Death or serious illness in your immediate family
* Records needed were destroyed around the time of the deadline
* You failed to ask for an extension
* A request for more information from SSA was ignored
* Information provided about the appeal from SSA was false
* Physical or mental problem
* You never received notice of denial
* You sent the appeal to the wrong government agency
* Any other unusual and unavoidable circumstance
Remember that the SSA must review your appeal form no matter how late it is. When you file your appeal be sure to include a separate explanation of why your appeal is late. This will help the SSA determine if you have good cause for the late appeal. Generally speaking, if the SSA finds that you do not have good cause for the late appeal, your claim will be terminated. At this point, you must file a new claim for benefits and start the process all over again.
After being denied benefits on an initial application for disability, it is generally accepted that you must file an appeal within sixty days. There are, however, many circumstances which may prevent individuals from doing so. If you are late filing an appeal, it is recommended that you file the appeal anyway, and include an explanation as to why it is late. Failure to properly file an appeal and show good cause can end with the termination of your claim. To avoid late appeals and to ensure the success of your claim, it is recommended that you consult a Social Security Disability professional to help you at every stage of the application and appeals process.
