Tampa Social Security Attorney Garry Miracle Explains Good Cause for Late Appeals

If your Social Security disability claim is initially denied, you have a certain period of time to appeal the decision. However, if you miss the deadline to appeal, you may be able to get the Social Security Administration to give you an extension if it finds that there was good cause for missing the deadline. Your Florida disability attorney can help you with this process. Send in your appeal form, along with a detailed letter that explains why your request for review of the decision was late. You might have to include an affidavit, depending on the circumstances.

If your Request for a Hearing is late, the person who determines whether there is good cause is the administrative law judge (ALJ). If it’s one or two levels higher, and you’re late filing your Request for Review of Hearing Decision or filing a case in federal court, then the Appeals Council will determine good cause.

According to federal regulations, the Social Security Administration will consider all the circumstances that prevented you from making a timely appeal; whether Social Security did anything to mislead you; and whether you understood that timely appeal was required. Social Security will consider any physical, mental, educational, or linguistic limitations (including lack of fluency in English) that might have impeded you from filing the request on time or understanding or knowing that you needed to file the request on time.

In addition, Social Security will consider whether you lacked a legal guardian or representative to handle your claim and whether you had a mental incapacity that prevented you from filing a timely appeal. If the latter is true, you must provide evidence showing that you lacked the mental capacity to understand the steps needed to be taken in requesting review. If there is reasonable doubt as to your mental capacity, Social Security will resolve this in your favor.

The Social Security regulations list nine examples of what constitutes good cause for failing to file an appeal on time:

1. You had a serious illness that prevented you from contacting the Social Security Administration in person, in writing, or through someone else.
2. There was a death or serious illness in your immediate family.
3. There was a fire or some other accident that destroyed or damaged some important records.
4. You really tried but failed, within the stated period of time, to find important information to support your claim.
5. You timely asked Social Security for more information explaining its decision, and: (a) within 60 days of receiving an explanation, you made your request for reconsideration or a hearing; or (b) within 30 days or receiving an explanation, you requested a review by the Appeals Council or filed a civil suit in federal court.
6. The Social Security Administration gave you incorrect or incomplete instructions on requesting administrative review or filing a suit in federal court.
7. You didn’t receive the Social Security Administration’s notice of decision.
8. You made an honest mistake and sent the request for appeal to another government agency within the time limit, and because of that mistake, the appeal didn’t reach the Social Security Administration didn’t get it until the deadline had already passed.
9. There were unusual or unavoidable circumstances that indicate that you could not have filed the appeal on time or known that you needed to file on time.

If the Social Security Administration rejects your petition to extend the deadline, it may just treat your late appeal as a protecting filing for a new application for disability benefits.

Because of the high stakes involved in filing an appeal for Social Security disability benefits, you should contact a disability lawyer if you’re not already represented by one. Experienced Florida disability attorney Garry Miracle can help you; simply fill out the form on this page for a free and confidential initial consultation.