If your application for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) is denied, you have 60 days to file an appeal, unless you have “good cause” for failing to do so.
“Good cause” could be found if:
- you did not receive the denial notice
- you had a severe illness during the time the appeal was due rendering you unable to submit an appeal
- you have severe mental limitations so that you did not understand what you need to do
- Social Security misled you or gave you incorrect information
- there was a death in your family
You must make your request to accept a late appeal in writing. You will need to submit a statement explaining why you failed to file a timely appeal.
Of course, the burden is on you to prove good cause for failing to file your appeal on time.
The later your appeal is, the harder it will usually be for you to show that you have good cause. For example, if you were hospitalized during the appeal deadline, an exception would not be made if you waited 5 months after the hospitalization. You would have to file a new claim.
It’s important to act quickly so that you can get your appeal filed on time. Let an experienced Social Security attorney help give you the best chance of receiving approval. Call us today at 205-553-5353 or come by our office in Tuscaloosa for your free consultation.