What Qualifies as Good Cause For Filing Late Social Security Appeals?
If you have applied for Social Security disability benefits and your claim is denied, it is important that you make the utmost effort to appeal on time. The denial letter will state the window of time during which you are able to appeal. If you cannot apply on time for a reason acknowledged as good cause by the Social Security Administration, you might be able to request an extension on the deadline to appeal. If the appeal is for a hearing, you should get the advice of a Social Security disability representative in preparation for it.
If you do not appeal your denial within the allotted amount of time, you can ask Social Security to extend the deadline by finding that there was good cause for missing it. In order to ask for an extension, you should appeal and include a detailed letter explaining the cause for the tardiness of the review of the determination or decision. You may have to include an affidavit if the circumstances call for it. Your time limit will be extended if Social Security finds that you have good cause for your untimely request.
As per Social Security guidelines, the determination of good cause is made by the individual in charge of the appeal in question. Therefore, if your appeal is a request for a Social Security hearing before an administrative law judge, then an administrative law judge will be the one to decide if the deadline ought to be extended for you. Similarly, if you are contesting a hearing decision, the Appeals Council will be the body determining whether or not your extension request constitutes good cause. In addition, any request for late appeals beyond the level of hearing, i.e. for filing in federal court, will also be decided upon by the Appeals Council.
There are guidelines that set a standard for good cause. The regulation stipulates that Social Security considers the following:
• Special circumstances that could have hindered a timely appeal.
• Whether Social Security was possibly misleading.
• The claimant’s comprehension of the fact that appeals have a certain deadline.
• Limitations on the part of claimant (language, education, physical, mental) that could have prevented the claimant from filing on time or made it difficult for the claimant to comprehend that there was a window of time in which to appeal.
Applying for Social Security disability benefits often means appealing a denial of your claims. If you have had your initial application denied, you should appeal. If you have appealed twice and are facing a hearing, you can increase your odds of a favorable decision with legal help. Please contact the Social Security disability representatives at GENEX Services for a free consultation.