what if my attorney missed a social security ssd deadline

by Bailee Doyle 9 min read

Throughout the process of applying for a SSD benefit, if you have an attorney working on your behalf to get your SSD/SSI entitlements you should not miss any deadlines. You should follow the attorney’s directions to ensure you have provided all the right evidence to support your disability benefits claim. Get a Free Case Evaluation Today

If you completely missed the deadline, you can still submit your documents, if you let them know the reason you missed it. This is called “good cause.” 🌷 Submit your documents along with a statement “I request to be considered for late filing for good cause.” Then say what your good cause is.

Full Answer

What happens if I miss the Social Security disability appeal deadline?

The deadline is the date when the document must be received in their hands. If you’ve missed a deadline there may still be a few options: Less Than Five Days. Social Security allows an extra five days for the mail, so if you are still within 5 days of the deadline, you can try to hand-deliver your document to your local office.

What happens if my Social Security disability application is denied?

May 24, 2011 · You have received a denial from the Social Security Administration (SSA) for your Indiana Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits and you had sixty (60) days to appeal this decision. In Indianapolis Social Security disability attorney Scott Lewis’ experience, this is an all too familiar scenario. As some Indiana disability …

Can I file an extension to appeal my SSDI application denial?

If you are approaching an appeal deadline and don’t think you can meet it, it’s best to contact the Social Security Administration and ask for an extension. If you have already missed the deadline, you should file a “Good Cause Statement” along with your appeal and explain the reasons for the delay. An experienced Disability attorney can help you through this process. The attorneys at …

Why did Social Security not forward my appeal within time limit?

What To Do If You Miss A Social Security Disability Appeal Deadline. You may have missed the deadline for filing your Social Security disability appeal, but that doesn’t mean that your case is over. You may still be able to get Social Security disability benefits. Generally, you will need to file a new application for Social Security disability unless you can prove that you missed the …

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How far back can retroactive SSDI payments go?

12 monthsThe SSDI allows retroactive payments for a maximum of 12 months prior to the date of application, subtracting the waiting period. That means that a minimum of 17 months that will have passed since the date of onset (EOD) and the date the application is approved.

Can I get retroactive Social Security Disability benefits?

Those who get SSDI back pay will also get payments for the months between when you became disabled (your "disability onset date") and when you applied for Social Security Disability benefits. These are called retroactive benefits, because you can get them even before you applied.

Is there a time limit to file for Social Security disability?

In addition, although there is no time limit to actually file an SSDI claim, Social Security will not pay “back pay” or retroactive benefits for any period more than 12 months prior to the date of the SSDI application. Supplemental Security Income (SSI) Benefits: There is no time limit to file for SSI benefits either.

What are past due benefits Social Security disability?

In claims arising under title II of the Social Security Act (Act), past-due benefits are the amount of cash benefits that have accumulated for all beneficiaries because of a favorable administrative determination or decision (decision), up to but not including the month the Social Security Administration (SSA) ...May 6, 2020

What is a retroactive payment?

The definition of retro pay (short for retroactive pay) is compensation added to an employee's paycheck to make up for a compensation shortfall in a previous pay period. This differs from back pay, which refers to compensation that makes up for a pay period where an employee received no compensation at all.

What is retroactive back pay?

1) What Are Retroactive/Back Benefits? Back pay or what the VA calls retroactive benefits is the lump sum payment for benefits which have been accruing since the filing of a granted claim. The retro benefits come in a lump sum – paid all at once — after the grant of benefits.Jan 31, 2021

What is date last insured for Social Security disability?

The date last insured (DLI) is the last day of the quarter a claimant's meets insured status for disability or blindness. For title II Disability Insurance Benefit (DIB) claims, adjudicators cannot establish onset after the DLI.May 15, 2020

How much does Social Security disability pay if you never worked?

Unfortunately, if you've never worked, you will not be eligible to receive SSDI payments. The SSDI program is meant for people who are injured during their work, and the number of payments a person receives is directly related to their work and income history. When a person works, they earn quarters of coverage.Mar 16, 2017

When you get Social Security disability benefits What you need to know?

The name, Social Security number, and date of birth or age of your current spouse and any former spouse. You should also know the dates and places of marriage and dates of divorce or death (if appropriate). Names and dates of birth of children not yet 18 years of age.

What is the maximum SSDI benefit for 2020?

$3,011 per monthThis is the basic amount used to establish your benefit. SSDI payments range on average between $800 and $1,800 per month. The maximum benefit you could receive in 2020 is $3,011 per month. The SSA has an online benefits calculator that you can use to obtain an estimate of your monthly benefits.

Is SSDI back pay one lump sum?

Back pay is received as a lump sum, while future benefits are paid monthly. Since 2011, the SSA has required that all disability recipients have a bank account to receive payments via direct deposit. When you are approved for benefits, you'll receive an award letter that lists: The amount of your monthly deposit.

How can I get more money from Social Security disability?

You may get more if you live in a state that adds money to the federal SSI payment. You may get less if you have other income such as wages, pensions, or Social Security benefits. You may also get less if someone pays your household expenses or if you live with a spouse and he or she has income.

Why do I miss deadlines?

Another common reason to miss a deadline is language difficulties. Perhaps you have trouble reading, have difficulty with English or have vision problems where reading your notice is not possible.

What happens if I don't get notification of my application?

If you did not get notification that your application was denied, there is no way you could know that you needed to file an appeal. You may have only found out later that an appeal was necessary, or you may have gotten your notice of denial too late to meet your deadline.

Is it bad to miss an appeal deadline?

Although it is never good to miss your deadline, some deadlines are worse to miss than others. If you miss your deadline for requesting a hearing before an Administrative Law Judge (ALJ), you may be in a more difficult situation than if you miss the deadline for the initial appeal. Because you are going to see a judge, you will have to have good cause that passes both the claims representative that works with your initial request and the ALJ. Sometimes the ALJ can be more challenging than the claims representative.

What to do if you missed the deadline for Social Security?

What can you do if you've missed an appeal deadline in your Social Security case? Most of the time, you will have to start again and file a new claim for disability benefits. However, in some cases, you may be able to get Social Security to accept your appeal even though you filed it late.

Can Social Security find good cause?

Social Security may find good cause in any of the following situations. You were very sick when the appeal was due and you could not have contacted Social Security yourself or through anyone else. You will need to show that you were seriously ill; otherwise Social Security will find that you could have submitted the appeal paperwork on time ...

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Good Cause For Missing An Appeal Deadline

  • Social Security will decide whether you had "good cause" for not filing your appeal in time. It will consider: 1. whether there were any circumstances that kept you from filing on time. 2. whether Social Security (or the Centers for Medicare or Medicaid Services, CMS) did anything that confused or misled you and resulted in your missing the deadline 3. whether you understood w
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Some Examples of Good Cause

  • Social Security has published some examples of circumstances where a disability claimant had good cause for a late appeal. If your reason for missing the deadline is not on this list, Social Security can still find that you have good cause. The examples just show how serious the situation has to be for Social Security to find that good cause exists. Social Security may find go…
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How to Make A Request to Accept A Late Appeal

  • You must make your request to accept a late appeal in writing. Usually, you will submit your appeal formand then explain your good cause reason on the form or on a separate piece of paper that you submit at the same time. Social Security has to accept your request to accept a late appeal for review no matter how late it is. Once you file your late appeal and good cause explana…
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