Memphis Social Security Disability Lawyer
“Good Cause” For Late Appeals
After your initial Social Security Disability appeal is denied, you have specific deadlines to meet when requesting a reconsideration and/or a hearing in front of an Administrative Law Judge. For instance, the Social Security Administration allows a deadline of 60 days when filing a request for reconsideration (along with five extra days set aside for mailing time). If this request is denied, you have another 60 days following the date of denial to request a hearing in front of the Administrative Law Judge.
Despite these deadlines, there are specific circumstances in which you can file your appeal after the deadline, whereas the appeal is still considered valid. When filing late, the Social Security Administration will determine whether or not you had “good cause” for a late appeal. If you’ve missed a deadline, you can strengthen your case and purse good cause by teaming up with an experienced Social Security Disability lawyer today.
Good Cause For Late Filing
For most applicants, missing a deadline for an appeal request means starting the entire SSD application process over again. However, there are several circumstances, individually reviewed by the SSA, in which you may be able to file your appeal. Often, the SSA will consider:
- Extraneous circumstances that could have kept you from filing on time
- If any Social Security Offices, such as the Tennessee Disability Determination Services (DDS) office, unintentionally misled you, which resulted in missing the deadline
- If you reasonably understood the obligations you had to file the request on time
- If you have any physical, mental, educational, or language limitations that hindered your ability to file a timely appeal
Some example of good cause could therefore include:
- There was a death or serious illness in the family
- You were sick and couldn’t have contact the SSA
- Records you needed for the appeal were destroyed by fire or accident
- Necessary records did not arrive in time and you failed to ask for an extension
- You did not receive a denial notice from your prior application
- And so on…
Keep in mind that the Social Security Administration must accept your appeal, no matter how late it is. However, when including a detailed letter stating the reasons for the late application, it is essential to supplement the application with thorough evidence that proves good cause.
Appeal a SSD Denial With Memphis Lawyer John E. Dunlap, PC
If you were unable to request your appeal by the stated deadline, it is useful to have an experienced disability attorney who’ll help develop and document your reasons for good cause. Although we cannot guarantee an acceptance for good cause, disability attorney John E. Dunlap will aim to strengthen your case by using the precise documentation and evidence that the SSA is looking for in these situations. Furthermore, attorney Dunlap can help reinforce your appeal requests to increase the chances of a successful appeal.
For a free consultation with Memphis attorney John E. Dunlap, PC, call our law offices at (901) 320-1603