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How long do I have to appeal a Social Security disability denial?

If you disagree with the decision the Social Security Administration (SSA) has given, you must officially request a disability hearing in front of an administrative law judge. Generally speaking, a claimant has 60 days from the date of his denial to appeal a Social Security disability decision. If you are unsure of the date, it is typically printed on the denial letter, or you may contact the Social Security office for an exact date.

 

However, there are a few ways to extend the deadline of your appeal, including:

  • Mailing time. Depending on where you live, it can take up to a week to send a Request for Hearing by postal mail. For this reason, the Social Security office will usually allow an extra five days before the deadline expires to allow for mailing time.
  • “Good cause.” If the deadline for filing your appeal has already passed, you may be able to get an extension if you can demonstrate good cause for your delay. However, you must have a very good reason for delaying your appeal, such as extreme illness, incapacitation, hospitalization, mental illness, or similar circumstances beyond your control. If you are unable to demonstrate good reason, your request for late appeal will likely be denied.

What If My Appeal Deadline Has Already Passed?

In most cases, applicants will have to file a new disability claim if they are unable to convince an administrative law judge to grant them an extension. This will involve gathering all of your medical records and starting over at the beginning of the claims process, further lengthening your wait time for approval. Our attorneys can look into the details of your case to determine if you qualify for appeal, and help can help you rebuild your case to get you the benefits you deserve. Click the contact link on this page to find out how we can help.