One of the most important things to keep in mind when filing for Social Security benefits in California is to ensure you are filing all paperwork by the proper deadlines established by the Social Security Association (SSA). If you receive a benefit denial, you have the right to appeal. When you miss the deadline for filing an appeal, you can request an extension, provided you can show good cause. You may wonder, what is a good cause for a Social Security appeal?
At Gade & Parekh, LLP, we can answer the question of how Sacramento Social Security appeals work and many more. For almost 30 years, we have been assisting our clients with a wide range of Social Security benefit issues, and we understand how tricky these situations can be.
When requesting that the SSA offer you an extension to appeal a decision, you must include a detailed letter explaining why your request for an appeal is being filed after the deadline. If they find your reasoning to be a “good cause,” you may receive an extension.
Can You Appeal a Social Security Denial?
You have the right to appeal almost any determination or decision the Social Security Administration makes regarding your ability to receive certain Social Security benefits. You may also appeal if the SSA makes any changes to your benefit amount. When you request an appeal, the SSA will look at the entire case and their decision again, even the parts that may have been in your favor.
The SSA has strict and established procedures for their appeals process when an individual disagrees with a decision or determination regarding their benefits case. There are several levels of appeals within the SSA, including:
- A reconsideration
- A hearing by an Administrative Law Judge
- An Appeals Council review
- A federal court review
In an appeal, you are usually calling into question certain determinations made by the Social Security Administration. These determinations are considered “initial determinations” and are the findings of the SSA in regard to a legal or factual issue, including:
- Whether or not you are eligible for Social Security benefits, like SSI
- The amount of benefits you are eligible to receive
- The fact that you were overpaid, the amount you were overpaid, and whether or not you need to repay that amount
After you file an application for Social Security benefits, the SSA will mail you a written notice of their initial determination. You have the right to repeal this decision.
Defining Good Cause in Social Security Appeals
If you miss the deadline to file an appeal with the Social Security Administration, you must ask that the SSA extend this deadline by demonstrating that you had good cause for missing the original time frame. The SSA may take into account certain circumstances that may have prevented you from filing your appeal on time.
Some factors the SSA may consider to determine if you have good cause for a late appeal can include:
- You suffered a serious illness and were unable to contact the SSA in person, via writing, or through another individual.
- You suffered a death or serious illness in your immediate family.
- Important records for your appeal were destroyed or damaged by a fire or as the result of a similar accident.
- You put significant effort into locating the necessary information to support your claim but did not find said information within the given time frame.
- You requested that the SSA offer additional information to explain their action within the deadline.
- The SSA gave you incomplete or incorrect information about when you could file a civil claim or request an administrative review.
- You never received notice of the SSA’s initial determination or decision.
- You sent the appeal in good faith to another government agency by the given deadline, and the appeal did not reach the SSA until after the deadline had passed.
If you have missed the deadline to appeal the denial of Social Security benefits, an attorney can assist you in determining if you have good cause to apply for an extension.
FAQs
Q: How Long Do I Have to Appeal a Decision From Social Security?
A: Every time the Social Security Administration makes a decision regarding your case, they will send you a written notice, and you have exactly 60 days following the date you receive this notice to file your official appeal if you do not agree with the decision. If this deadline is missed for good cause, you can write a letter to the SSA requesting an extension.
Q: What Are Some Examples of a Qualifying Disability for SSDI?
A: There are several disabilities that may qualify you for receiving benefits through Social Security. These disabilities can include but are not limited to, asthma, chronic heart failure, POTS, IBS, certain forms of arthritis, PTSD, anxiety, schizophrenia, blindness, deafness, certain cancers, cystic fibrosis, chronic liver disease, and, in some cases, if you wear a colostomy bag.
Q: What Happens if There Is No Evidence of Good Cause?
A: In cases where there is no evidence of good cause when filing an appeal, you and your legal representative will be sent a letter from the Social Security Administration requesting an explanation. Having an attorney on your side can prove to be extremely beneficial, as they have the ability to uncover evidence that can be used in your appeal to establish good cause.
Q: What Should I Write in My Social Security Appeal Letter?
A: In an appeal letter to the Social Security Administration, you will need to detail an explanation for why you disagree with their decision, provide any new medical evidence that pertains to your disability case, and highlight the specifics of your disability and how your medical history supports your claim. It is vital that you stay concise and focus on how your disability impacts your ability to work.
Speak With a California Social Security Lawyer Today
At Gade & Parekh, LLP, we are passionate about securing necessary Social Security benefits for our clients. We know how hard you have worked in your life and how devastating it can be to suffer a serious illness or injury that keeps you from being unable to continue your employment. We also understand how difficult it can be to recover from these illnesses or injuries when you cannot earn a living wage.
If you have applied for Social Security benefits and been denied, we can help you with an appeal, whether you have missed the deadline or not. Contact our office today to schedule your initial consultation and learn more about our services.
