Site icon Augusta Disability Attorneys

Valid Reasons for Late Disability Appeals

It is not uncommon for a claimant to be denied on the initial application. This does not mean, however, that you should give up. Claimants often win on appeal. That said, if you are appealing your Social Security disability claim denial, it is important to know the valid reasons for late appeals. Talk to an Augusta disability law firm to see if you’re justified in a delay.

How to Ask for a Deadline Extension

If you want to appeal the Social Security Administration’s denial of your disability claim but missed the deadline to do so, you can ask for a deadline extension as long as you have “good cause.” In order to do this, your appeal needs to include a letter with an explanation for the delay. At times, an affidavit from you may be necessary. Your Augusta disability law firm can help you write such a letter, or get any needed affidavits.

Who Decides if Your Request Is Granted?

An administrative law judge – or “ALJ” – and sometimes the Appeals Council decide if you have good cause for a delayed appeal. It is also up to the Appeals Council to decide if you can have a deadline extension for a federal court filing. These appeals can be complicated, and you may benefit from having an Augusta disability law office on your side.

What Exactly Is “Good Cause?”

The exact nature of “good cause” for missing or delaying a deadline is explained in 20 C.F.R. § 404.911 of the Federal Code. As per these regulations, the Social Security Administration – or “SSA” – takes into account whether any SSA action caused the claimant to misunderstand the original deadline. The SSA also takes into account if you have any physical, mental, educational, or language limitations which prevented completion of the appeal paperwork in a timely manner. For further clarification on “good cause,” discuss your case with an Augusta disability law office.

Talk to an Augusta Disability Law Firm Today

For more information about Social Security appeals, contact us. We are happy to answer your questions and address your concerns.