How to File a Late Notice of Appeal if You Miss the Deadline

If the Social Security Administration denies your disability claim, you can file an appeal, asking the SSA to reconsider their decision. To do this, you need to submit your request for reconsideration within 60 days of receiving the SSA’s decision.

You can submit a late request if you miss the deadline. However, you must prove to the SSA that you had “good cause” to miss the date. In this article, we’ll walk through what the SSA considers a good cause and how you can submit a late request for reconsideration. 

Can I file for an extension?

Yes, you can request an extension for filing a request for reconsideration. If you know you will be unable to submit your request for reconsideration before the deadline, you can submit a written statement to the SSA explaining your reasoning.

What happens if I miss the deadline to appeal?

If you are applying for Social Security disability and miss the deadline to appeal, the SSA’s decision becomes final. At that point, you no longer have the right to contest the decision through the standard appeal process. 

In some cases, you can submit a late request for reconsideration or appeal. The SSA allows for late requests if you can provide a good cause, meaning you can give legitimate reasoning for why you missed the deadline. 

What does the SSA consider a good cause for missing a deadline?

The SSA will consider the following to determine if you have a good cause for missing the deadline:

• The circumstances that prevented you from making the request on time.

• Whether the SSA was unclear in delivering instructions to you about the paperwork.

• Whether you did not understand the requirements of the Social Security Act.

• Whether you had any physical, mental, educational, or language challenges that stopped you from filing on time.

9 examples of a good cause

The SSA provides the following examples as good cause for missing a deadline:

1. You were seriously ill and unable to contact the SSA in person, by phone, in writing, or through another person.

2. There was a death or serious illness in your immediate family.

3. Important records were destroyed or damaged by fire or other accidental causes.

4. You were trying to find information necessary to support your claim but couldn’t find it in time.

5. You requested additional information from the SSA explaining their decision within the time limit. Within 60 days of receiving that explanation, you requested a reconsideration or a hearing, or within 30 days, you requested an Appeals Council review or filed a civil suit.

6. The SSA gave you misleading, incorrect, or incomplete information about when and how to request administrative review or to file a civil suit.

7. You didn’t receive notice of the SSA’s decision.

8. You sent your request to another government agency and the SSA didn’t receive it until after the deadline.

9. Unusual or unavoidable circumstances exist that prevent you from knowing you need to file by a certain date.

How to submit a late request for reconsideration

If the deadline to submit your request for reconsideration has passed, submit a late request as soon as possible by following these steps:

1. Review the SSA’s criteria for good cause to see if your situation qualifies.

2. Gather any evidence, such as medical records or doctor’s notes, to support your reason for filing late. 

3. Write a statement explaining your cause for missing the deadline. In your statement, describe the circumstances that prevented you from making the request on time. 

4. You can submit the late request for reconsideration at your local SSA office by mailing it or delivering it in person.

5. Follow up with the SSA to make sure your late request for reconsideration was received.

Tips for filing a late request for reconsideration

• Act quickly. Submit your request as soon as possible. 

• Work with a lawyer. A disability lawyer can help you draft a strong statement that fully explains your good cause.

• Stay organized. Keep copies of your documents and any communication with the SSA to track your appeal.

What happens next?

If the SSA determines that you had good cause for failing to file your request on time, they will accept your appeal and send it to the Disability Determination Services (DDS) for a second medical determination. 

Unfortunately, there is still a chance the SSA could deny your late request. In this case, you would need to reapply for disability, starting the process all over again. This resets your application start date — which would affect the amount of back pay you’d eventually receive once approved. (Back pay refers to an additional amount of money you receive with your first disability check. It covers the benefits you are entitled to, but haven’t yet received.)

Get help with your disability appeal

It’s crucial to keep up with the SSA’s deadlines for the disability application process. But when you’re busy managing the symptoms and the other admin work of your medical condition, it’s all too easy for something to slip through the cracks.

A disability lawyer can help you stay on top of dates, paperwork, and other important legal requirements. They can file your appeal for you and, if needed, represent you in court. 

Related resources:

Can a Lawyer Help My Social Security Disability Appeal?

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How to Write a Disability Appeal Letter: 8 Tips and Sample Letter

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