Social Security Disability Appeals
If you need to appeal the denial of your Social Security Disability Claim and you need an extension of the deadline you can request provided that you can furnish that there was good cause for the delay. You will need to include with your appeal an organized letter to explain why the request was untimely. If the SSA finds that you have a good reason for the delay, they may grant extra time.
20 C.F.R. §§ 404.909(b), 404.933(c), 404.968(b).POMS GN 03101.020 A.1. allows for an Administrative Law Judge (ALJ) to determine whether there was good cause for the appeal being late. An Appeals Council can also determine that as well.
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How do you determine if you have good cause? According to 20 C.F.R. § 404.911 there are certain circumstances that will be considered that may prevent a timely appeal, including whether the claimant failed to understand the time limit.
20 C.F.R. § 404.911(a)(1)-(3). 20 C.F.R. § 404.911(a)(4) will also allow the SSA to determine whether an individual had any physical, mental, educational or linguistic limitations to understanding the deadline.
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Finally, consider that Social Security Ruling 91-5p allows for the fact that mental limitations for the defendant can allow for good cause for extra time to be granted.
If you are confused about the SSA appeals process you can contact our legal team. We offer years of experience and can discuss in ordinary terms the options that you may have.
If you have further questions or need legal advice contact Andy Magruder attorney at law right away.