Requesting an Extension for a Late Appeal
Your Oklahoma City disability attorney will advise that you may request that the Social Security Administration (SSA) grant an extension of the filing deadline if you can present evidence that “good cause” existed to explain why the original deadline was missed. You and your Oklahoma City disability attorney can do this by attaching a letter to your appeal explaining why your request was untimely. It may be necessary to include an affidavit. An extension will be granted if the SSA believes good cause exists. 20 C.F.R. §§404.909(b), 404.933(c), 404.968(b).
Your Oklahoma City disability attorney will advise that the individual who adjudicates the appeal you are filing will be responsible for determining whether or not good cause exists. For example, if the appeal is for a Request for Hearing, good cause will be determined by an administrative law judge. If the appeal is for a Request for Review of Hearing Decision, or for a federal court filing, good cause will be determined by the Appeals Council.
Determining Good Cause
According to 20 C.F.R. §404.911, which defines “good cause,” your Oklahoma City disability lawyer knows that the SSA will take into consideration the circumstances that prevented a timely appeal, including whether or not any action by the SSA misled the applicant and/or whether or not the applicant did not understand the deadline requirements. Your Oklahoma City disability lawyer is aware that the SSA will determine if you did not know or understand the time constraints due to a linguistic, educational, mental or physical limitation, which thus prevented the filing of an appeal on time.
Additionally, your Oklahoma City disability attorney is aware that SSA Ruling 91-5p allows for any claimant who did not have anyone legally responsible to prosecute the claim (attorney, legal guardian, parent of a minor claimant, or other type of legal representative), and if the claimant was mentally incapable of appealing in a timely manner, good cause can be established to extend the deadline regardless of the amount of time that has passed.
Contact an Oklahoma City Disability Lawyer
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