The Elder and Disability Law Firm, APC
California residents who have had their Social Security Disability benefit claims denied can appeal that decision. As a general rule, a response has to be received by the appropriate office within 65 days of the denial notice. However, there are exceptions to this rule. Typically, late responses are more likely to be accepted at the reconsideration level as opposed to the administrative hearing level.
If claimants don't think that they will be able to file a timely response, it may be possible for an attorney to help do so. In addition to mailing a response, it may be possible to go online or appear at a local office to respond to a denial notice. Whether or not a late response is accepted depends on the person who is handling the case. However, late responses are generally accepted if an individual never received a denial notice.
Those who lost paperwork relevant to their claim because of a fire, flood or theft may be given more time to reply to a denial notice. Individuals who are homeless and have no one to help them may also be granted more time. These are just a few scenarios in which a late response may be accepted, and individuals may be granted more time regardless of why an appeal deadline was missed.
Those who have had an application for SSI benefits denied may have the opportunity to appeal. It may be possible to do so either with or without the help of an attorney. Individuals who do seek the assistance of an attorney may receive help filling out paperwork or delivering that paperwork in a timely manner. Legal counsel may also represent an individual at an administrative hearing if one is necessary.