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Ocala, FL 34471

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CJ Henry Law Firm, PLLC

Social Security Disability Appeals Process

  • Published: April 23, 2013
Social Security Disability Appeals Process

The Social Security Administration denies more than two-thirds of all initial claims for Social Security disability benefits. At this point, claimants have the option of either filing a new claim or appealing their denial. Ocala disability attorneys advise claimants to appeal their denials because chances of success are much higher during the appeals process.

Social Security Disability Appeals Process

Deadline to Appeal a Denied Claim

Claimants generally have 60 days from the date of the receipt of their denial to appeal their claim. The SSA grants a 5 days grace period because there is a presumption that decisions are received five days from the date on the face of the decision.

When the claimant is appealing an ALJ denial to the Appeals Council after there has been a federal court remand, the deadline shrinks to 30 days. The shorter deadline makes it even more important for you to hire an Ocala disability attorney to make sure you do not miss the deadline.

In situations where the 30 or 65-day deadline falls on a Saturday, Sunday or a legal or federal holiday, the period is extended to include the next full workday. But the best policy is not to file your appeal as soon as possible to avoid having to start the claims process all over again.

Contact Us

If your initial claim for Social Security disability benefits was denied and you are planning to file an appeal, call the CJ Henry Law Firm, PLLC at (352) 304 5300 to talk to one of our Ocala disability attorneys.

Claudeth Henry

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