If something has happened and you couldn’t appeal your case within the time limit, there is still hope. Discuss the reason with your Detroit disability lawyer to see if it constitutes a good cause acceptable to the SSA for a late appeal.
Some examples of acceptable good cause, according to 20 C.F.R. §404.911(b), include:
- You were very sick and prevented from contacting the SSA in any manner (in person, writing, etc.).
- Someone in your immediate family died or became gravely ill.
- Important records were destroyed or damaged by accidental cause.
- You could not find the necessary information to support your claims within the time limit, despite your best efforts.
- You asked the SSA to explain their action within the time limit, and within 60 days of getting the explanation, you requested reconsideration or a hearing; or within 30 days of receiving the explanation, you requested Appeal Council review or filed a civil lawsuit.
- You received incorrect or incomplete instruction on when and how to request administrative review or file a civil suit.
- You never received the determination or decision notice.
- You mistakenly sent the request to another government agency within the time limit and the SSA received the request after the time expired.
- Specific unusual or unavoidable circumstances exist which demonstrate that you could not have known about the filing time requirement, or which kept you from filing on time.
One of the most common reasons given for missing the deadline is not receiving the determination or decision notice. But you and your Detroit disability lawyer will need more than just allegations to prove that you didn’t receive the notice. 20 C.F.R. §404.901 states, “Date you receive notice means 5 days after the date on the notice, unless you show us that you did not receive it within the 5-day period.” (For example, the SSA used your incorrect address or you moved.)
Another common reason given by claimants for missing the deadline is that they were confused by information given by the SSA. This allegation may take into account your mental condition as well as the quality of the information given by SSA. However, it doesn’t have to be shown that the information from the SSA was necessarily incorrect or incomplete; if you were confused by the information that might be a good cause for missing the deadline. POMS GN 03101.020 A.4.f.
Missed Deadline Due to Misunderstanding
Sometimes a claimant misses the deadline because he or she believes that his or her representative filed the appeal on the claimant’s behalf. The POMS will accept this reason for extending the deadline, and if the SSA refuses, the late appeal may be used as a protective filing for a new application. POMS GN 03101.020 A.2 and GN 03102.150 A.1.
Detroit disability lawyer Marc J. Shefman can help you win your benefits and file a timely appeal if you are denied. Call his law offices today at (248) 298-3003 for a free initial consultation.