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CJ Henry Law Firm, PLLC

Appealing Past the Deadline

  • Published: July 15, 2013

If you have missed the 60-day window during which you are required to file an appeal for your disability denial, your Ocala, Florida Social Security appeal attorney may be able to help. There are certain circumstances in which a deadline extension is allowed.

What Is Good Cause?

Your Ocala, Florida Social Security appeal lawyer will explain that the SSA will only extend the deadline for appeal if you have submitted a letter that demonstrates you had good cause to miss it. The rule regarding good cause states that the SSA will take into consideration the cause of the late filing, any instances in which you were misguided by the SSA, and any misunderstanding you may have had about the deadlines in place. Additionally, the SSA will look to whether you have any limitations that could have interfered with your comprehension of the time requirements.

What If I Lack the Mental Capacity to Comprehend the Rules?

There is a rule that specifically applies if you lack the mental capacity to complete your appeal by the deadline and have no one who could have filed on your behalf. If this is the case, as your Ocala, Florida Social Security appeal lawyer can advise you, you should be found to have had good cause.

Who Decides If I Had Good Cause to Miss the Deadline?

If you were late requesting a hearing, the administrative law judge (ALJ) is responsible for deciding if good cause exists. Your Ocala, Florida Social Security appeal lawyer will explain that the Appeals Council will make this decision if you were late filing the Request for Review of Hearing Decision or late filing in federal court.

Contact an Ocala, Florida Social Security Appeal Attorney

If you have failed to file a timely appeal to the denial of your disability benefits, it is wise to seek the advice of counsel. Your Ocala, Florida Social Security appeal attorney will know how to proceed in order to maximize the chances of the SSA finding good cause. Call the CJ Henry Law Firm, PLLC today at 352-304-5300.

Claudeth Henry

Attorney Henry is a Florida disability lawyer uniquely suited to
help you with your disability-related legal needs...Read More