Disability Appeal Deadlines

The Social Security Administration denies the majority of applications for disability benefits upon initial review. However, claimants can challenge the denial of their applications by pursuing disability appeals, which involve an administrative appeals process in the Social Security Administration and, in rare cases, litigation in federal court. Social Security regulations impose deadlines for claimants to proceed to the next step of the appeals process to seek approval of their disability benefits claim. Failing to adhere to deadlines can jeopardize your right to continue your benefits claim.

For this reason, it pays to work with an experienced disability attorney from Disability Advocates Group to ensure you file your appeal on time. Contact our firm today for a free initial case review to discuss your next steps after receiving an unfavorable decision on your Social Security disability benefits claim.

An Overview of the SSD Appeal Process

The Social Security Administration offers an administrative appeals process for disability benefits claimants to challenge the Administration’s denial of their applications following an initial review. The SSA’s appeal process involves three stages:

• Reconsideration – First, a claimant or their designated representative must ask the Social Security Administration to reconsider the denial of their application. Claimants may submit additional evidence to supplement the record and bolster their disability claim. 
• Administrative Hearing – When the Social Security Administration upholds the denial of a disability benefits claim after reconsideration, a claimant can request a hearing before an Administrative Law Judge. At an administrative hearing, a claimant can present additional evidence and testimony along with legal arguments in support of their claim for benefits. 
• Appeals Council Review – A claimant can challenge an unfavorable decision by an administrative law judge by filing a request for review by the Social Security Administration’s Appeals Council. The Appeals Council may deny review and uphold the ALJ’s decision, or it may grant review and either decide the case or return it to the ALJ for further consideration.

After exhausting the administrative appeals process, a claimant may further contest the denial of their Social Security disability benefits claim by filing an action in federal district court to seek judicial review. 

Each stage of the appeals process has an individual deadline for a claimant to file their appeal. 

Key Deadlines for SSD Appeals

The deadlines for each step in the appeals process for a Social Security disability benefits claim include:

• Requesting Reconsideration of an Initial Denial – 60 days from the date the claimant receives the Social Security Administration’s denial notice
• Requesting an Administrative Hearing After an Upheld Denial on Reconsideration – 60 days from the date the claimant receives the reconsideration decision
• Requesting Review by the Appeals Council After an Administrative Hearing – 60 days from the date the claimant receives the Administrative Law Judge’s decision notice
• Filing a Federal Lawsuit to Seek Judicial Review of the Administrative Decision – 60 days from the date the claimant receives the Appeals Council’s decision notice

The Social Security Administration presumes that a claimant received a notice of decision five days after the date on the notice. However, a claimant can present evidence to prove they received the notice more than five days later. 

What Happens If You Miss an Appeal Deadline

If you miss the deadline to appeal the denial of your disability benefits claim, you may seek leave from an administrative law judge to file a late request for an appeal. However, Social Security regulations require a claimant to demonstrate good cause for a late appeal filing. Factors that may support a finding of “good cause” include:

• Circumstances beyond the claimant’s control prevented them from filing a timely appeal.
• The claimant did not understand the requirements of Social Security laws or regulations due to amendments, new legislation, or court decisions.
• The Social Security Administration’s actions or omissions misled the claimant into failing to file a timely appeal.
• The claimant’s physical, mental, educational, or linguistic limitations prevented them from filing a timely appeal or knowing about the need to file a timely appeal.

When the ALJ determines that a claimant had good cause for a late appeal, it will put the case on the docket for further processing. However, if the ALJ finds that a claimant lacked good cause, they must dismiss the claimant’s untimely appeal due to a lack of jurisdiction. 

When a claimant does not timely appeal the denial of their disability benefits application, they may have to file a new application and start the claims process from the beginning, which may affect the claimant’s eligibility date for benefits and further delay those benefits.  

How an Attorney Can Help with SSD Appeal Deadlines

Seeking legal counsel after receiving a denial notice for your Social Security disability benefits claim can help you file an administrative appeal on time and pursue a compelling legal argument. An SSD attorney can assist with filing an appeal of an initial denial by:

• Keeping track of applicable filing deadlines and ensuring that your appeal request goes in on time
• Preparing a robust appellate filing to improve the chances of success and avoid further delays of benefits
• Communicating with the Social Security Administration to keep the appeals process on track
• Preventing claimants from having to navigate an administrative appeal of a denied disability benefits claim alone, which can help avoid stress and confusion

Best Practices for Staying on Top of Appeal Deadlines

Claimants who must appeal the denial of their Social Security disability benefits applications can ensure they follow deadlines and other claims procedures by:

• Keeping copies of all correspondence from the Social Security Administration and marking deadlines on a calendar
• Filing an appeal as early as possible, rather than waiting to begin preparing a case for an appeal
• Confirming that the Social Security Administration has received requests for appeal
• Contacting a Social Security disability attorney promptly after receiving a denial notice

Contact an SSD Lawyer Today

If the Social Security Administration has denied your initial disability benefits application, you have a limited time to pursue an administrative appeal to challenge the SSA’s decision. Contact Disability Advocates Group today for a free, no-obligation consultation with an SSD attorney to learn more about the appeals process in disability benefits claims.