How to Appeal Your SSD Case

How to Appeal Your SSD Case

Arizona Social Security disability lawyer - social security cardsGetting through the four levels of the appeal process in a social security disability case is what an Arizona Social Security disability lawyer can help you accomplish as it involves knowing the deadline dates and the exceptions to these dates.

The Four Levels of Appealing a Social Security Claims Decision

There are time frames to meet to get through the appeal levels of initial determination, reconsideration determination, a hearing before an Administrative Law Judge (ALJ) and the review by the Appeals Council. An Arizona Social Security disability attorney would tell you the final appeal would be to file with the federal courts.

Time Frames for Appeals to Be Filed

You have 60 days to appeal the decision of your Social Security disability case from the time you receive the decision in the mail. But an Arizona Social Security disability lawyer would explain that you do have some wiggle room in your favor that extends these deadlines. Because of inherent delays in mail delivery that can delay the actual delivery up to 5 days from the date of the decision, the Social Security Administration (SSA) allows for 65 days as the effective time limit at all levels but one.

If you received an ALJ denial at a hearing, there is a 30-day time limit to present an appeal to the Appeals Council after a federal court remand. An Arizona Social Security disability lawyer would attest to you that this time limit is the only exception to the 65-day limit.

Should your appellate date fall on a Saturday, Sunday, any legal holidays or any day when federal employees have a non-work day, even for a partial day, as designated by statute or Executive Order, an Arizona Social Security disability attorney will advise that you will have an extension to the next full workday. 20 C.F.R. §§ 404.3(b), 416.120(d).

The U.S. Mail system also plays a factor regarding the official date when the SSA considers your appeal to be filed. Generally, the filing date is the date the SSA receives it unless that date would result in putting you at a possible loss or lessening of your rights. The SSA will then be allowed to use the date of mailing as determined by the U.S. postmark as the date of filing your appeal. The SSA will even give allowance for when the postmark is unreadable or if no postmark is present as an Arizona Social Security disability lawyer would clarify that they will then take other evidence into consideration to show when you mailed your appeal. 20 C.F.R. § 404.614(b)(2).

Skillful, experienced legal representation is invaluable in pursuing your disability case with the Social Security Administration along with knowledgeable attorneys to follow up with the appeal process, if needed. To arrange for a consultation with an Arizona Social Security disability lawyer, contact the Schiffman Law Office, P.C. at (602) 235-0539 today.

2013-12-17T15:56:46-07:00 December 17th, 2013|Uncategorized|