Do You Need Help With Your Disability Claim?

Disability Attorneys and Advocates can help you in all phases of the disability claim process.

Contact an advocate today for your FREE case evaluation!

Free Online Evaluation!

Tap For A Free Evaluation!

SSDI Appeal did I wait too long?

Despite the fact that every SSDI claimant who applies for disability and gets denied is sent a denial letter detailing the appeal process and information for the claimant to file a reconsideration, it’s not hard for some claimants to wait too long to file a SSDI appeal. Recently on our disability forum we had a user ask, “If I missed the 60 day window to file my SSDI appeal paperwork, do I have to re-file my application?”

Options for an SSDI appeal after a denial

Up to 70% of claimants are denied SSDI benefits at the application level. If you are one of them you have several options. Your first option is to submit a reconsideration appeal within 60 days from the date of the denial letter. The second option is to file a new application. The third option is to do nothing and attempt to go back to work.

Submitting a SSDI appeal Reconsideration for SSDI Benefits

Before filing for an appeal it’s a good idea to understand why you were denied. If the SSA determined you were working too much or making too much money, it won’t matter if you file an SSDI appeal- you will be denied a second time.

If, however, they determined your condition was not serious enough or would not last 12 continuous months, depending on your condition, you may simply lack sufficient medical information and you might only need to go back to the doctor and get more medical evidence which details the severity of your condition.

What if I waited too long to file my SSDI appeal?

The SSA requires claimants to file their SSDI appeal within 60 days from the date of the denial letter. They will allow some time for delivery so it could be closer to 65 days, but regardless, the rule is pretty hard and fast.

Do they make any exceptions? Yes, if you can prove that you were unable to file the SSDI appeal, for instance you were in the hospital, you might get an extension. The best thing to do if you feel like you have a valid extenuating circumstance is to contact the SSA and discuss your reasons for missing the deadline with them.

Missed deadline and need to file a new application

If you missed the SSDI appeal deadline and you don’t have a good reason, you will have to submit a new disability application. It’s important, however, to understand why you were denied. If you simply submit the same application over and over again the chances of getting approved are low.

What should you do? Review your denial letter closely. Make sure you understand why you were denied. Did they say you could retrain for new work? Did they say your condition was not serious? Did they say you could work your old job?

Your goal is to provide enough evidence to them to prove this is not true. Talk to your doctor, find out what’s in your medical records, and get new information. Failure to take these steps ensures you will continue to be denied.
Related articles

Enhanced by Zemanta