The Social Security appeals process can be complicated and overwhelming, but an Augusta disability lawyer can help you through the process.
To start off with, there are four levels for appeal of your claim:
- Initial determination
- Reconsideration determination
- Hearing before an administrative law judge
- Review by the Appeals Council
Your case can only go to federal court after all of the above steps have been completed.
Time Limit to Appeal
Generally, the time limit to file an appeal of your Social Security disability claim is 60 days from the date you receive your decision. The Social Security Administration (SSA) assumes most people receive their decision within five days from the actual date on the decision letter, so the total time limit is 65 days (unless you can prove that your decision took longer than five days to get to you).
There is an exception to the 65-day limit if you are appealing an administrative law judge decision to the Appeals Council following a federal court remand. In this case, the time limit is 30 days to file an appeal.
Another important note: Once you calculate your deadline, if the final day falls on a weekend or holiday, the actual deadline will be the next full work day.
An Augusta disability lawyer can review your case and help you determine the exact deadline for filing your particular appeal.
When Does the SSA Actually File My Appeal?
The SSA typically considers your appeal as filed on the day it receives it. However, if using this date will result in you losing your rights to appeal, the SSA will use the U.S. postmark date. In addition, if the postmark can’t be read or is missing altogether, the SSA will accept other proof from you of the date you actually mailed your appeal.
Having your Social Security disability claim rejected is disheartening. However, an Augusta disability lawyer can help you through the complex appeals process so you can meet your filing deadlines and fight for the disability benefits you deserve. Contact Wilkinson & Magruder, LLP today at (888) 724-8844 to learn more.