An Ocala disability lawyer explains when there is good cause for late Social Security disability appeals
Sometimes, you can get an extension from the Social Security Administration on the deadline to submit an appeal of the denial of Social Security benefits. To do this, you must show Social Security that there was good cause for missing the deadline. Your Ocala disability lawyer can help you with this process. Send the Social Security Administration your appeal form, as well as a detailed letter explaining why you were late. You may have to also submit an affidavit, depending on what your circumstances are.
The Social Security Administration will extend deadlines for “good cause.” In accordance with regulations, the Social Security Administration will consider any circumstances that prevented you from appealing on time; whether Social Security somehow misled you; and whether you failed to understand that you had to file your appeal within a certain timeframe. This means that Social Security will look at your physical, mental, educational, and language limitations that could have prevented you from filing on time or understanding that you needed to file on time.
Social Security will also consider cases where you had a mental incapacity that prevented you from timely applying, and you didn’t have anyone (such as a parent, legal guardian, attorney, or other legal representative) legally responsible for prosecuting your claim for you. To prove this, you or your Ocala disability lawyer must show that you lacked the mental capacity to understand the procedures for appeal. If there is any reasonable doubt, the Social Security Administration will resolve the issue in your favor.
If the Social Security Administration refuses to give you an extension, it may instead treat your late appeal as a protective filing for a new application for Social Security benefits.
If you have been initially denied for Social Security disability benefits, you can still appeal. Get help today from an experienced Ocala disability lawyer, Claudeth Henry, by filling out the form on this page for a free initial consultation.