By Eric A. Shore, a Social Security Disability lawyer for more than 30 years
Missing your Social Security appeal deadline does not always mean your case is over. Depending on how long ago the deadline passed and why you missed it, you may still be able to ask Social Security to accept a late appeal, file a new disability application, or ask Social Security to reopen your earlier application.
Choosing the wrong option could cost you months or even years of back benefits. That is why you should understand your options before starting over with a new application.
People regularly call the Law Offices of Eric A. Shore because they believe they have lost their right to disability benefits. Some became discouraged after receiving a denial, while others misunderstood the deadline or simply did not know what to do next.
There may still be a way forward. The best option depends on why you missed the deadline, how much time has passed, and the type of disability claim you filed.
First, Did You Really Miss the Deadline?
Many people think the 60 day appeal period starts on the date printed at the top of the denial letter. It usually does not.
Under Social Security’s rules, you generally have 60 days after you receive the notice to appeal. Social Security usually assumes you received the notice 5 days after the date printed on it unless you can show that it arrived later.
If the deadline falls on a weekend or federal holiday, it generally moves to the next business day. This is why you should calculate the deadline carefully before assuming it has passed.
If you still have the envelope, keep it. The postmark may help show that the letter arrived later than Social Security assumed.
What Are Your Options If You Really Missed the Deadline?
Many people think they have only two choices after missing the deadline. They believe they must accept the denial or give up.
That is not true. Depending on your circumstances, you may still be able to take one or more of the following steps:
- Ask Social Security to accept a late appeal by showing good cause.
- File a new disability application.
- Ask Social Security to reopen your earlier application.
Each option has advantages and risks. Sometimes the best strategy involves using more than one option.
Option 1: Ask Social Security to Accept a Late Appeal
Social Security may allow your appeal to continue if you had a good reason for missing the deadline. This is called showing good cause.
Examples may include:
- You were seriously ill or hospitalized.
- A brain injury, mental health condition, or other medical problem prevented you from handling the appeal.
- You never received the denial because it was mailed to the wrong address.
- Social Security gave you incorrect or confusing information.
- Another circumstance outside your control prevented you from appealing on time.
These examples do not guarantee that Social Security will accept a late appeal. Social Security will look at your explanation and the specific facts surrounding the missed deadline.
You should explain exactly what happened and provide documents when possible. Medical records, hospital paperwork, envelopes, address records, and written communications with Social Security may help support the request.
Option 2: File a New Application
Sometimes starting over with a new application is the better strategy. Filing a new application does not mean that you failed or that the new claim will automatically be denied.
Contrary to popular belief, not everyone is denied the first time. The Law Offices of Eric A. Shore regularly helps clients obtain approvals at the initial application level when their claims are properly prepared and supported by strong medical evidence.
A new application may allow Social Security to review updated medical records and changes in your condition. It may also move more quickly than fighting over an older claim in some situations.
Why Filing a New Application Can Cost You Benefits
This is the part almost nobody explains. Starting over with a new application may cause you to lose benefits connected to the earlier claim.
The rules are different for SSDI and SSI, but the filing date can make a major difference. You should not assume that filing a new application fully protects the benefits tied to your earlier claim.
For SSI claims, payments generally cannot begin for any month before the new application is filed. Filing again later may permanently reduce the amount of past due benefits available.
For SSDI claims, benefits may sometimes be paid for as many as 12 months before the new application date. That does not mean a new application completely protects you.
An earlier claim may cover additional months. Waiting can also create serious problems if your insured status has expired or is about to expire.
This is why choosing between a late appeal, a new application, and reopening an earlier claim is a strategy decision. It is not simply a paperwork decision.
Option 3: Ask Social Security to Reopen the Earlier Application
Social Security sometimes allows an earlier application to be reopened. Reopening can be important because it may preserve benefits connected to the earlier filing date.
Generally speaking, SSDI claims may be reopened within 12 months for almost any reason. They may also be reopened within 4 years when Social Security finds good cause.
SSI claims may generally be reopened within 12 months for almost any reason. They may also be reopened within 2 years when Social Security finds good cause.
Being within one of these time periods does not guarantee that Social Security will reopen the claim. Reopening is limited by Social Security’s rules and depends on the reason for the request and the evidence available.
These rules can become technical very quickly. Still, reopening an earlier claim may protect valuable benefits that could otherwise be lost.
Which Option Is Best?
There is no single answer that works for every person. The right choice depends on the facts of your claim.
Sometimes asking Social Security to accept a late appeal is the best choice. This may be especially important when the earlier application protects a valuable filing date.
In other cases, filing a new application may be faster or safer. Updated medical evidence may also make the new claim stronger.
Sometimes the best strategy is to file a new application while also asking Social Security to reopen the earlier claim. One approach does not always prevent you from pursuing the other.
The right answer depends on your medical condition, work history, filing date, insured status, and the reason you missed the deadline. It also depends on the strength of the medical and vocational evidence in your earlier file.
Do Not Wait Any Longer
If you think you missed your Social Security appeal deadline, do not assume your case is over. There may still be a way to protect your claim and some or all of the benefits connected to it.
Before filing a new application on your own, find out what options may still be available. The decision you make now could affect the months covered by your claim and the amount of benefits you may receive.
Eric A. Shore has helped people with Social Security Disability claims for more than 30 years. If you missed an appeal deadline, call 1-800-CANT-WORK before assuming that you must start over.
