If you have good cause for missing the deadline for appealing a denial of yours SSD claim, the SSA will extend the deadline. It’s in your best interest to be represented by an experienced Chicago Social Security disability attorney who will obtain evidence of specific limitations and circumstance that delayed your appeal.
Your Chicago Social Security Disability Attorney Explains the Steps to Take If Your SSD Disability Appeals Is Delayed
If you could not appeal your denial of your Social Security disability claim in time, you and your Chicago Social Security disability lawyer can request the Social Security Administration to determine that you had a good cause for missing the deadline and have them extend it. To do this, you and your Chicago Social Security disability attorney will send the appeal and a detailed letter that explains the reason the request for review of the determination or decision was not timely. You may also have to provide an affidavit if necessary. If the SSA decides that you had “good cause” for the late appeal, it will extend the deadline. 20 C.F.R. §§ 404.909(b), 404.933(c), 404.968(b).
A Chicago Social Security Disability Attorney Reveals Who Will Determine Whether You Have Good Cause
According to POMS GN 03101.020 A.1., “An individual from the component that has the authority to adjudicate the appeal being filed determines whether ‘good cause’ exists.” As your Chicago Social Security disability attorney will explain, this means that an administrative law judge will determine good cause if the Request for Hearing is late, and the Appeals Council will determine good cause if the Request for Review of Hearing Decision is late. The Appeals Council is also able to determine good cause to extend the
time limit to file in federal court.
Your Chicago Social Security Disability Attorney Explains That the SSA Must Consider the Possible Limitations and Circumstances That Prevented a Timely Appeal
SS regulation 20 C.F.R. § 404.911 provides explanation for “good cause” for missing a deadline for requesting review. The regulation allows the SSA to evaluate the circumstances that disallowed a timely appeal. They must determine whether you were misinformed by their actions and whether you simply failed to comprehend the requirement of timely appeal.
Your Chicago Social Security disability lawyer should inform you that the SSA must consider certain limitation that prevented you from making a timely appeal. Regulation 20 C.F.R. § 404.911(a)(1)-(3). 20 C.F.R. § 404.911(a)(4) states that SSA will consider:
Whether you had any physical, mental, educational, or linguistic limitations (including any lack of facility with the English language) that prevented you from filing a timely request or from understanding or knowing about the need to file a timely request for review.
Social Security Ruling 91-5p adds to the 20 C.F.R. § 404.911(a)(4), stating that if you (1) lacked anyone legally responsible for prosecuting the claim, “e.g., a parent of a claimant who is a minor, legal guardian, attorney, or other legal representative,” and (2) you demonstrate that your mental limitation prevented you from making a timely appeal, then “regardless of how much time has passed since the prior administrative action, the claimant (you) can establish good cause for extending the deadline to request review of that action.”
As mandated by the ruling, the evidence must prove that you were not mentally capable of understanding the steps for requesting review. If your Chicago Social Security disability lawyer can show such evidence, then reasonable doubt will be resolved in your favor.
The law offices Chicago Disability Law can provide with a qualified Chicago Social Security disability attorney who can help you file for SSD benefits and meet all requirements to be found disabled. For a free initial consultation, please call us today.
