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SSDI Appeal is there a deadline to file?

Unfortunately, most Social Security Disability applicants are denied SSDI the first time they apply for benefits. In fact, the Social Security Administration (SSA) reports the percentage of first time SSDI denials can be as high as 70%. So what do you do if you are denied SSDI benefits? You have the option of refilling your SSDI application, going back to work, or filing an SSDI appeal.



ssdi-disability-information

Recently on our SSDI forum a user asked, “If I am denied SSDI benefits and I decide to file an SSDI appeal, is there a deadline to file my SSDI appeal?”

SSDI Appeal do not wait too long


 

If you have been denied SSDI benefits and have decided to file an SSDI appeal you will have 60 days from the date of the denial letter to file your reconsideration paperwork. The reconsideration is the first step in the SSDI appeals process.

If you have received the SSDI denial letter it will contain the reason you have been denied, the steps for filing an SSDI appeal, and the date stamped on the first page of the denial letter on the upper right hand corner. Review this date. Keep in mind you have 60 days to submit your reconsideration. The SSA will allow five days for the reconsideration to be mailed, but they generally do not advertise this fact.

What if I missed the SSDI appeal deadline?


 

If you have failed to make your SSDI appeal within the 60 day deadline you will have to submit a new SSDI claim and start the process again. The SSA does, under certain conditions, waive the deadline requirement if the claimant can prove “good cause,” but your reason will have to be good (i.e. illness, hospitalization, comprehension problems due to mental infirmity, or fire). Most applicants will not be given a waiver.

If you decide to file a new application, not only will you have to submit a new SSDI application, the “clock” for back benefits will also restart, which means that if you eventually win SSDI benefits your back pay will be calculated back to the most recent SSDI application (not the initial application submitted).

What is the deadline to submit a request for a SSDI hearing?


 

If you are denied a second time at the reconsideration level and want to request an SSDI administrative hearing, you will have 60 days from the SSDI reconsideration denial letter to request a hearing. If you miss the SSDI hearing deadline and do not have a good reason (similar to those listed above) you will have to start the process again, which means you will have to submit a new SSDI application.

Is it worth it to file an SSDI appeal?


 

If you can work, you should work. If you absolutely cannot work it is better to file an SSDI appeal and move further through the SSDI approval process rather than filing multiple SSDI applications over and over again. Your greatest chance for approval is often at an SSDI hearing where an administrative law judge, who has the authority to approve your case, can hear it first-hand.

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Understanding Disability Law