How long do I have to appeal my Social Security disability denial?
If your Social Security disability case has been denied. You need to know how long you have to file your appeal. You only have so much time before your deadline. If you miss that window of opportunity, you may be back to square one.
Check your denial
The best tip I can offer if your case is denied is to check the paperwork. While there are several common deadlines, if you do not definitely know how long Social Security gives you to appeal, you may be using the wrong deadline.
The paperwork you are looking for is typically a denial. However, it may also be called a “decision,” “notice of disapproved claim,” “notice of proposed action,” or something else. The thing to keep in mind is that whenever Social Security decides something on your case, they will also tell you the following:
The appeal options. What you can do if you disagree with the action or decision.
The appeal process. What forms you need to fill out, where to get them, where to turn them in, or the website to go to appeal.
How long you have to file the appeal.
If you have lost your Social Security denial?
If you no longer have your Social Security paperwork, give your local Social Security office a call. You can also call the toll-free Social Security number at 1-800-772-1213.
Social Security should always be able to tell you the most recent decision (or action on your case) and any applicable deadlines.
Lets get down to brass tacks. Here are the most common Social Security deadlines:
Why can’t I find a lawyer to appeal a hearing denial?
Did you represent yourself at your Social Security disability hearing? If you were denied, you may find it is difficult to find a lawyer to represent you.
Sadly, this is a common problem. It is much harder to hire an attorney after you been denied.
Why?
It all comes down to TIME! You only have 65 day to appeal a hearing denial (5 days to receive the notice, and 60 days to get the appeal to Social Security). Note: the appeal must be received by the deadline. Postmarked by the deadline is not enough.
65 days is not a lot of time for a lawyer to do the following:
Review the hearing decision.
Review the exhibit file.
Review …
Denied at hearing? Here’s how to appeal the Judge’s decision to Social Security Appeals Council
If you are denied at your Social Security hearing by the Administrative Law Judge (ALJ), you have the right to appeal the judge’s decision to the Social Security Appeals Council.
To do this, you need to file form HA-520-U5 “Request for Review of Hearing Decision/Order.” You only have 60 + 5 days to get the appeal to the Appeals Council from the date stamped on the judge’s decision (5 days to receive the decision and 60 days to deliver the appeal).
Note: The appeal must be delivered by the 65th day! Unlike filing your taxes, postmarking the letter on the 65th day is not enough. The appeal must be in the Appeal Council’s hands no later than the last day.
There is the possibility of filing late with the Appeal Council’s permission, but that is not something you want to count on.
Here are a couple of things to keep in mind about the appeal.
How long does It take to get a Social Security hearing?
In my experience with Colorado Social Security cases, hearings are usually scheduled approximately 12-14 months after the appeal is filed. That is the most common time frame that I see for having a hearing scheduled.
However, I occasionally see cases scheduled as early as six months after the appeal (this is pretty rare), and sometimes as late as 18 months.
This is a long time! For most people there is a real question of how they are going to make ends meet while waiting for their case to go in front of an Administrative Law Judge (ALJ).
However, it is important to try to make the best use of this time:
Social Security myths: you have to wait 60 days after being denied to reapply
I hear this one with some frequency. I am meeting with a client and they tell me that someone at Social Security told them that if they want to appeal, they have to wait sixty days before starting a new claim / filing a new application.
That’s just not true.
You do not have to wait any length of time after a denial before starting a new claim. You can start a new application the same day as you receive the denial.
I think the confusion comes from the 60 day (actually 60 + 5 day) time period you have typically have to file an …
What is an Social Security Informal Denial?
I am often asked:
I got an informal denial. What is that?
An informal denial typically means that Social Security is denying you because you may not be eligible for disability benefits. This is different from being denied because you are not disabled.
You may be disabled, but if you are not eligible for any type of Social Security benefits, you may be denied through an informal denial.
For example: you, your spouse, or your household makes too much money or has too many assets. This results is a financial denial. This sometimes happens in Supplemental Security Income (SSI) cases where, in addition to being disabled (unable to engage in a Substantial Gainful Activity, e.g. full time …
The one element missing in most Social Security cases: a medical opinion of limitations
To be found disabled, generally you have to show that you are unable to perform some type of full-time work. This is a simplification of the Social Security disability standard, but it is sufficient for this article.
The most common problem in Social Security disability claims is a lack of a statement of limitations from a doctor.
These statements go by different names:
Medical Source Statement (this is the term Social Security uses).
Medical Opinion.
Statement of Limitations.
Statement of Permanent Restrictions.
Whatever it is called, it tells Social Security what you can and cannot do. Social Security uses this to decide whether you are disabled.
Isn’t there a statement of limitations already in my medical records?
Probably not.
Most medical records contain a description of your symptoms, the objective findings, the doctors assessment, and the treatment plan. Most medical records do not have any statement of your limitations.
Social Security denial: should you appeal or reapply?
I often hear the following question:
I just got my Social Security denial letter. Should I appeal or reapply?
While every case is different, based on my experiences handling Social Security claims in Colorado, I often find the you stand a better chance by appealing rather than re-applying.
If you reapply, your case may be reviewed by the same person who denied you the first time. Chances are they will not change their mind.
By appealing, you take the case out of the hands of the person who denied you, and put it in front of a fresh pair of eyes. Sometimes you can present the …
Denied at the Social Security hearing? Request the hearing tapes!
DisabilityAppeal.com has a interesting article on the importance of requesting the hearing tape if you are denied at hearing.
In many instances, once the tapes are obtained and listened to, parts of the record will be inaudible. And in a lot of cases can’t produce the tapes at all because they have been purportedly lost (usually when an ALJ said something during the disability benefits hearing that may reflect poorly upon him). An incomplete or missing record, when noted in a legal brief sent to the Appeals Council … results in an almost automatic sending of the …
CBS Reports: 2/3rds of Claims are Denied, Appeals Taking Over 2 Years
CBS reports on denials and long waiting periods in Social Security Disability cases.
Disability Pay Rejections A two-month CBS News investigation has revealed that many individuals who are disabled are either being rejected or waiting years for a decision on benefits. Armen Keteyian reports.Social Security Criticized
Part 1 (click for video)
The Social Security Administration refuses over two-thirds of the applications it receives for disability benefits. Armen Keteyian investigates what some call a “system-wide culture to deny” claims.
Part 2 (click for video)
Social Security myths: you have to be denied twice before you can win
MYTH: Clients often tell me that you have to be denied two or three times before Social Security will approve your case. I am not sure how these rumors get started but unfortunately, this belief often causes people to take what may be the wrong action in their case.
REALITY: If you are denied (on an initial claim), you may be able to file a Request for Reconsideration (appeal 1) and if that is denied, a Request …
