Good Cause for Late Appeals
Late appeals are not usually accepted by the Social Security Administration. However, the Social Security Administration may allow a late appeal if the claimant can show good cause in missing the deadline. Additionally, a late appeal can sometimes serve as a protective filing for a new application. Some examples of good cause include the following:
Claimant Did Not Receive Notice of the Determination
This is one example of good cause. However, to prevail with this argument, the claimant must actually show that he or she did not receive notice of the determination within five days as required by law. This may be because the Social Security Administration used the wrong address or the claimant moved.
Another potential good cause argument is if the claimant was seriously ill. However, this requires the claimant to be so ill that he or she was unable to communicate to the Social Security Administration through writing or by reference from a friend, relative or other agent.
Loss of Records
If the claimant lost important records because of a fire or other accident, this can be grounds for good cause.
The Social Security Administration is required to provide the claimant with information about how he or she can effectuate an appeal.
Confusion of Information
Another possibility is that the claimant did not understand the information provided by the Social Security Administration.
Belief of Filing
If the claimant missed the deadline because he or she believed in good faith that his or her legal representative had filed an appeal, this situation can justify good cause and an acceptance of a late filing.
Death or Serious Illness
If an immediate family member of the defendant suffered from a serious illness or died during the time frame in which an appeal was supposed to be filed, this can constitute good cause.
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