Though you should make every effort to meet the deadline, there are a few circumstances where the Social Security Administration will hear a disabilities appeal after the deadline.
The Social Security Administration may extend your deadline for your appeal if you write a detailed letter explaining your reasons for missing the deadline. In some cases, the Social Security Administration may also require an affidavit from you. In the end, if the Administrative Law Judge reading your request for hearing determines that you had good reason for missing the deadline, the Appeals Court will grant you a deadline extension.
The Social Security Administration has a relatively specific idea of what constitutes “good cause” to miss a deadline. If you were prevented from appealing in time, whether due to a mistake on the Social Security Administration’s part or due to some other circumstance beyond your control, the Administrative Law Judge is much more likely to grant you a deadline extension.
Furthermore, if you have any physical, mental, or educational limitations preventing you from filing an appeal in time or from understanding the time limit, you are likely to receive a deadline extension. In these situations, the applicant needs someone who can legally advocate for him to request the extension, such as a parent or legal guardian, or an attorney.
For example, if a benefits applicant does not speak English well enough to understand that there was a timeline, his Social Security disability attorney has a good chance of securing a deadline extension.
It should be noted that regardless of how much time has passed since the deadline, if you can establish that you have a compelling reason to be granted an extension on your Social Security disability benefits appeal, the Administrative Law Judge will grant you an extension.
If extenuating circumstances kept you from appealing for Social Security disability benefits in time, it is still worth your time to consult with a Social Security disability attorney. For more information about how to possibly obtain deadline extensions for submitting a disability appeal, contact the Greenville Social Security disability attorneys at The Dennison Law Firm for a free initial consultation.