After you were denied Social Security disability benefits, you got the appeal forms, you struggled to fill them out, but you made sure to get it all turned in before the appeal deadline.
Then you wait.
And wait.
You should have heard something by now shouldn’t you?
So, you call Social Security, wade through their voicemail until you finally get a real person, and they tell you the worst thing imaginable:
We don’t show any appeal was filed on your case.
Yes, this happens!
However, if you have proof that you filed the appeal, you can get your case back on track.
If you do not have proof, your only option may be to start from scratch with a new claim.
How can you avoid having to start over if Social Security loses your claim? Never submit an appeal without having a copy of all the appeal documents and never submit an appeal without getting a receipt.
If you walk-in the appeal:
- Have an extra copy of the appeal forms.
- At the front desk, ask the Social Security attendant to stamp your copy with their date stamp. This is a special stamp each district office has that provides the office name and number, and the current date.
- Hold on to your stamped copy of the appeal. It is your proof of when you filed your appeal!
If you mail the appeal:
- I strongly suggest sending it certified, return receipt requested (or through another verifiable method). Making the letter certified gives you proof of the date and location where you mailed the letter. Is certified enough? Probably not. Certified just means you mailed the letter, it does not mean that it was received by Social Security. Sometimes, this may be all you have, but if possible, you want better proof that you filed the appeal. The return receipt is the green post card you put on the back of your letter. When your letter arrives at Social Security, it gets signed, dated, and sent back to you on the address you write on the back of the postcard. The return receipt is your proof that your appeal was received by Social Security.
- Hold on to the certified mailing receipt and the green return receipt.
- Mailing the appeal certified, return receipt requested, will cost you between $5.00 to $7.00, but it gives you piece of mind.
If you appeal on line:
- Print out the summary pages. If you ever have to re-input the data, it is much easier if you have the summary of what you previously entered.
- Print out the receipt pages. This is your proof of filing the appeal.
- As of late 2008, you cannot complete the entire appeal online. If you completed the Disability Report online, you still need to mail in the Online Appeal Cover Sheet and the Social Security Authorization. The appeal is not complete until these items have been received by Social Security.
- If you have a lawyer, you also have to submit a fee agreement, Appointment of Representative form, and a Identifying Information form. However, your lawyer should take care of these extra requirements.
- Since you have to mail these documents, use a certified mail, return receipt requested.
This is the best proof that Social Security had your appeal at one point even if they lose it later. If your appeal is lost, you can resubmit a copy of your appeal – this is why you need to have a copy of all the appeal forms – along with a copy of the proof that the appeal was received by Social Security. You may need to do this several times, so do not send your only copy of the appeal or your proof of filing. Hopefully, you will never need this, but as they say, fortune favors the prepared.
