If you've recently received a denial from the Social Security Administration (SSA) on your disability claim, you know you have 60 days to file an appeal. But what happens if you've missed that deadline? Does this mean your chance of receiving benefits is over? The short answer is no—but there are some important steps and considerations to keep in mind.
What Happens If You Miss the 60-Day Deadline?
The SSA requires that an appeal be filed within 60 days from the date you receive your denial notice. The SSA assumes you receive the notice five days after the date on the letter, so, in effect, you typically have 65 days from the date on the denial letter to file your appeal. If you miss this deadline, your claim could be dismissed, and you may have to start the application process over again. However, you still have options.
Filing an Appeal After the Deadline
Even if the 60-day deadline has passed, the SSA allows for appeals to be filed late in certain situations. To do this, you must request a "good cause" exception, which, if approved, will allow your appeal to be considered even though it was filed after the deadline.
What is the "Good Cause" Exception?
The "good cause" exception is the SSA's way of accommodating claimants who have legitimate reasons for missing the appeal deadline. The SSA is aware that life circumstances can sometimes interfere with your ability to file an appeal on time, and they evaluate these situations on a case-by-case basis.
Some examples of good cause include:
Serious Illness: If you were seriously ill, hospitalized, or dealing with a mental or physical condition that made it impossible for you to file on time, the SSA may consider this good cause.
Death or Serious Illness in the Family: If a close family member passed away or had a severe illness, and you were dealing with those circumstances, this could be a valid reason for missing the deadline.
Important Records Missing: If you were waiting for important evidence or documentation needed to file the appeal and did not receive it in time, the SSA might accept this as good cause.
Incorrect Information: If the SSA sent the denial notice to the wrong address or provided incorrect information that caused you to miss the deadline, this can be considered good cause.
Other Unusual or Unavoidable Circumstances: The SSA might consider other unexpected situations that prevented you from filing on time, such as natural disasters or severe postal delays.
How to Request a Good Cause Exception
To request a good cause exception, you'll need to provide a detailed explanation of why you missed the deadline along with any supporting evidence. This could include medical records, hospital admission forms, death certificates, or other relevant documentation. It’s crucial to be as thorough and specific as possible when explaining your reasons for the delay.
You can submit your request for a good cause exception along with your late appeal. The SSA will then review your request and determine whether the circumstances warrant an exception.
What If the Good Cause Request is Denied?
If the SSA denies your request for a good cause exception, you may need to start the application process over from the beginning. However, it's worth noting that you can appeal the denial of the good cause exception itself. This process can be complex, and having legal representation can make a significant difference in the outcome.
Take Action Quickly
If you've missed the deadline to file an appeal, it's important to act quickly. The sooner you address the situation and file for a good cause exception, the better your chances of having the late appeal accepted.
Conclusion
Missing the 60-day deadline to file a disability appeal can feel overwhelming, but it doesn't necessarily mean the end of your case. With the possibility of a good cause exception, you still have a path forward. If you find yourself in this situation, consider consulting with an experienced Social Security disability lawyer who can help you navigate the complexities of filing a late appeal and increasing your chances of a successful outcome.
If you need assistance with your disability claim or appeal, contact our law firm today for a consultation. We're here to help you every step of the way.