South Carolina Disability Attorney Explains What Constitutes Good Cause For A Late Appeal

If the Social Security Administration denies your disability claim and you miss the deadline to appeal that decision, you may still be able to get a time extension for appealing if you show “good cause.” In this article, South Carolina disability attorney will explain how, and under what circumstances, you can do this.

How to proceed if you’re late with your appeal

You can write a letter fully explaining the reason why your appeal was late, and you can include it with your appeal form. Be prepared to provide an affidavit if the Social Security Administration requests one. If Social Security determines that you did have good cause for the delay, it will grant you an extended deadline for appealing. For a late Request for a Hearing, the administrative law judge (ALJ) will make the good cause determination; for a late Request for Review of Hearing Decision or an extension of the deadline to file in federal court, the Appeals Council will make the determination.

What constitutes good cause?

In accordance with Social Security regulations, the Social Security Administration will look carefully at all extenuating circumstances, including whether it did anything to mislead you and whether you failed to understand that you had to appeal within a certain time limit. Factors to be taken into consideration include mental, physical, educational, or linguistic barriers that prevent you from filing an appeal on time or understanding that you have to appeal within a time limit.

In addition, the Social Security Administration will see whether you’re a special kind of disability claimant whose lack of mental capacity prevented you from appealing on time. Your situation will be particularly extenuating if you lacked mental capacity and had no one (such as a parent if you’re a minor, a legal guardian, an attorney, or other legal representative) who was legally responsible for pursuing the claim on your behalf. To prove this, you must present evidence that you lacked the mental capacity to understand how to appeal. If there is any reasonable doubt as to your mental capacity, the Social Security Administration will give you the benefit of the doubt.

In the event that the Social Security Administration decides not to extend the deadline for appealing, your late appeal might still be treated as a protective filing for a new application for Social Security disability benefits.

Spartanburg Disability Attorney Can Help You with Your Appeal

Getting help from an experienced South Carolina disability attorney will increase your chances of success on appeal. Let Spartanburg disability attorney help you: I will thoroughly research the facts of your case, collect the pertinent information, make sure that everything is filed in a timely manner, and be an advocate for you. Call me at my toll free number to schedule a free initial consultation.

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