Posted by Louis B. Lusk
Our disability lawyers have conferred on what Social Security disability claimants can do about missed appeal deadlines. Most claimants start again with a new claim for disability benefits. Some, however, may be able to persuade the Social Security Administration (SSA) to accept their appeals even after late filings and untimely.
Disability lawyers in Atlanta GA have found that SSA may decide whether to excuse for good cause a failure to file an appeal from a denial of benefits in time. To make its decision, the SSA considers
SSA has published some examples of circumstances in which disability claimants had good cause for late appeals. If the reason for missing a deadline is not on this list, SSA may find good cause in other circumstances. Disability lawyers in Atlanta GA say the examples simply indicate some circumstances in which SSA may find good cause to excuse the untimeliness. SSA may find good cause if:
As a general rule, the later the appeal filing, the harder it is to argue for a finding of good cause. If, for instance, the claimant after a heart attack is a hospital inpatient for three weeks at the time of the filing deadline, there is no basis for good cause or excuse for filing the appeal six months late.
The request to accept a late appeal must be in writing. The claimant submits the appeal form and then explains the reason for good cause on the form or on a separate filing at the same time.
SSA must accept the appeal for processing no matter how late. Once the claimant files the late appeal with an explanation of why there should be a finding of good cause, the SSA must decide whether the explanation amounts to a good excuse for the late filing. SSA might contact the claimant to ask for more information for the explanation.
Anyone unable to work because of disability may be eligible for Social Security disability benefits. How do claimants qualify? The SSA decides claims on many factors; severity of a medical condition, age, education, and work history are examples. In one important way, claimants can improve their chances of winning disability claims.
Experienced disability lawyers in Atlanta GA can make the difference between winning or losing. In Social Security cases there is no substitute for the advice and advocacy of a skillful, experienced lawyer, especially in appeals from claim denials. Louis B Lusk has a long track record of good results in disability cases. And there is never any fee due until clients win their claims with awards of benefits. Call 404-250-7000 or 800-883-7043 today for a free case consultation.