When a New Jersey resident has injuries, an illness or condition that prevents them from working and they need Social Security Disability (SSD) benefits, there is a chance that there will be a denied claim after the initial application. That is not unusual. Many people apply for SSD benefits and are denied, only to be approved when they file an appeal.
However, it is important to remember there are time constraints to filing an appeal. If the applicant fails to adhere to these, it could be problematic for appealing and the person might need to start the entire process all over again. This is time consuming in situations where the inability to work is real and the person needs the Social Security Disability benefits for injury, illness or condition as soon as possible.
The Social Security Administration (SSA) will allow people to appeal, even if they have missed the deadline in certain circumstances, if they file a late request. In general, there is 60 days from the time of the denial to file for reconsideration.
When the decision is received, the 60-day countdown will begin. The SSA will function under the belief that the applicant will get the notification within five days of the notice date. If the person can show they did not get it within five days, there will be extra time to apply for reconsideration. Weekends and holidays are also considered when the deadline has passed.
For those who are outside the U.S., but there is a totalization agreement with the country and the appeal was filed within 60 days, the SSA will assess that as having been filed in the adequate time-period. For people who are in the military, the SSA will exclude the time when a claimant was in the military when the determination is made as to whether the claim was filed in a timely manner, and there can be a reconsideration, even if it would otherwise have been considered late.
While it is inadvisable to miss the deadline, there are times when it cannot be helped. Those who are planning to appeal a decision and are at the reconsideration step should know that there are options to move forward with the appeal, even if they have gone beyond the deadline. As with any issue related to Social Security Disability, legal help is always wise. A law firm experienced in SSD benefits and appealing a denied claim can provide advice and guidance.