If you have been denied Social Security disability benefits, you might wonder what to do next. You may have heard that winning an appeal is difficult or that you should just quit after an initial rejection. However, applicants can win an appeal, especially with the assistance of a competent attorney. Our Albuquerque NM disability lawyers have a track record of helping other people in similar situations, and we can discuss the appeal process with you.
Steps to Appealing an SSD Case
You might go through several steps in appealing your case although the court might approve you for benefits at any stage of the process. After the initial ruling, the Social Security Administration will then reconsider your case and make another determination. You will then have a hearing at a small venue with an administrative law judge. Next, the case will be reviewed by the Appeals Council. If the case has still not been approved, you can file it in federal court.
Time Limits for SSD Appeals
The time limit for submitting most appeals is 60 days although the courts grant a five-day grace period for processing the decision. However, the deadline for an applicant to submit an appeal after an ALJ denial is 30 days. If the next day falls on a weekend or holiday, you have until the end of the next business day to submit the paperwork, according to federal guidelines. The SSA has decided that the starting date used to determine the countdown to the deadline will be the U.S. postmark on the envelope. If that date is not available, then the courts will use other evidence to determine the mailing date. However, the SSA has also stated that they want to protect an applicant’s rights and will generally err on the side of the candidate when it comes to questions regarding these dates. Our Albuquerque NM disability lawyer understands the importance of these deadlines and of submitting paperwork in a timely manner.
The SSA has implemented strict regulations regarding paperwork and time frames as they relate to the appeal process. For help navigating through the red tape of an SSD claim, call our Albuquerque NM disability lawyer. You can reach Michelle Baca, Attorney at Law, at 505-872-1142.
