The deadline for filing any appeal for Social Security disability rejection, as your disability attorneys Albuquerque will tell you, is 60 days. You should do everything you can to file an appeal within these 60 days. However, if you miss the deadline, there may still be hope. You may be able to ask the Social Security Administration to find that you had good cause for missing the deadline.
What is Good Cause?
The Social Security disability regulations describe what will be taken into consideration when deciding “good cause.” Specifically, if there was any action by the SSA that misled you or if you for some reason failed to understand the necessity of filing an appeal within 60 days, the SSA will take that into consideration and might extend your deadline. In particular, if you had any limitations, such as physical, educational, or linguistic limitations, that prevented you from understanding the deadline, you may be found to have good cause. Note that these are not absolutely positive reasons, they are just factors the SSA will take into consideration when considering your claim.
Who Decides Good Cause?
The decision as to whether you had “good cause” will be decided by the party at the level you are appealing. This means that if you are filing a request for a hearing, the decision will be made by an administrative law judge at the hearing level. If you are filing a Request for Review of Hearing Decision by the Appeals Council, the Appeals Council will consider your request.
Talk to a Disability Lawyer Albuquerque
For more information about how to file an appeal for disability, contact disability attorneys Albuquerque at Michelle Baca Attorney at Law. Call 505-872-1142.
