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How the SSA Can Extend the Deadline If You Failed to Appeal in Time

If you did not appeal a denial of your SSD claim in time, you should ask a Rockville Social Security disability attorney to find out whether you had good cause to miss the deadline.

A Rockville Social Security Disability Attorney Will Explain How You Can Extend the Deadline

If the Social Security Administration denied your SSD claim and you failed to appeal in time, the SSA may extend the deadline if it finds that you had good cause for missing it. If you want the SSA to do this, you must send them the following materials:

  1. An appeal and a detailed letter that explains the delay in making the request for either the review of the determination or decision; and
  2. Your affidavit, depending on the situation.

If the SSA determines that you had good cause for the delay, it will extend the time limit.20 C.F.R. §§ 404.909(b), 404.933(c), 404.968(b).

POMS GN 03101.020 A.1. explains who will be the decision maker in specific cases: "An individual from the component that has the authority to adjudicate the appeal being filed determines whether 'good cause' exists." This means that an administrative law judge, or ALJ, will determine good cause if you failed to make the Request for Hearing in time while the Appeals Council will determine good cause for a late Request for Review of Hearing Decision. The Appeals Council will additionally determine good cause to extend the deadline to file in federal court.

A Rockville Social Security Disability Lawyer Discusses What Constitutes Good Cause

Regulation 20 C.F.R. § 404.911. details what "good cause" is for missing the deadline. It require the SSA to consider whether:

  1. The circumstances which led to the delay in appeal; 20 C.F.R. § 404.911(a)(1)
  2. You failed to act in time as you were misled by heir own mistakes; 20 C.F.R. § 404.911(a)(2)
  3. You did not understand the requirement of timely appeal; 20 C.F.R. § 404.911(a)(3) and
  4. You could not make a timely request due to any physical, mental, educational or linguistic limitations (including inability to speak English). 20 C.F.R. § 404.911(a)(4)

Furthermore, Social Security Ruling 91-5 expands on 20 C.F.R. § 404.911(a)(4) by allowing the SSA to extend the deadline if you:

  1. have no one legally responsible for prosecuting the claim "e.g., a parent of a claimant who is a minor, legal guardian, attorney, or other legal representative;" and
  2. missed the deadline due to mental incapacity.

The SSA can find good cause in this way "regardless of how much time has passed since the prior administrative action," and you "can establish good cause for extending the deadline to request review of that action." They will need evidence proving your lack of mental capacity to comprehend the procedures for requesting review, but reasonable doubt will be resolved in your favor.

If you require an experienced Rockville Social Security disability attorney to help with filing for your SSD benefits, please contact the law offices of attorney Bromberg Rosenthal at at 1-301-251-6200.

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