As an Albuquerque disability attorney will tell you, it is important to meet the Social Security Administration’s deadlines. Failure to do so may result in a denial of benefits. If this happens, you may need to re-apply for benefits. If you have missed a deadline for a good reason, or good cause, the SSA may extend the deadline for you. To have the deadline extended, you will need to provide evidence to the SSA that supports your reason for missing the deadline.
Good cause
Following are some examples of good cause for missing a deadline:
- Someone in your immediate family has died or was seriously ill.
- You were not able to contact the SSA because you were seriously ill.
- You were unable to get the information you needed in time to meet the deadline, in spite of your best efforts.
- You received incomplete or inaccurate information from the SSA.
- You did not receive any information from the SSA.
- You mailed your information to a different government agency in good faith, and the information was not forwarded to the SSA in time to meet the deadline.
- Your important records were lost due to an accident, such as a fire or flood.
- You asked the SSA for more information about a decision before the deadline, then waited for a response from the SSA and requested either a hearing or reconsideration within 60 days of receiving the explanation, or filed a civil suit or requested a review before the Appeal Council within 30 days of receiving the explanation.
- There are other extenuating circumstances that have prevented you from filing in time to meet the deadline.
Common reasons for missing a deadline
It is common for a claimant to say that he or she never received a notice of determination from the SSA. In order for the SSA to accept this reason, you would need to provide proof that you did not receive the notice. For example, if you can prove that the SSA used the wrong mailing address when it sent the notice, you may be able to convince the SSA that you did not receive it, says an Albuquerque disability attorney.
Another common reason for missing a deadline is that a claimant was not able to understand the information provided by the SSA. When this occurs, the SSA may evaluate both the clarity of the information it is providing, as well as the mental status of the claimant.
Occasionally, a claimant may believe that his or her legal representative filed the paperwork. The SSA may accept this reason as good cause regardless of whether the claimant continues to be represented by the same legal counsel.
Working with an Albuquerque disability lawyer
If you would like to speak with a lawyer about your disability case, please contact Michelle Baca Attorney at Law at 505-872-1142.
