Missed SSDI denial appeal deadline do I have to refile my application?
Recently on our legal forum a user asked, I was diagnosed with leukemia several months ago. I thought I would immediately be approved for Social Security Disability Insurance (SSDI). I received an SSDI denial. I guess I didnt file an appeal within the deadline. Now the Social Security Administration is telling me I have to start the application process again. I am wondering if there is any way to move forward with the appeal. I need money now and I cannot wait months to be approved for SSDI benefits.
Timeline for filing a SSDI appeal
Most SSDI applications are denied. In fact, the SSA estimates that up to 75% of first time disability filers will have their applications denied. A large percentage of those, however, have the right to appeal the denial by filing a request for reconsideration within 60 days from the date of their denial letter.
Although the request for reconsideration often leads to another denial, it does get you one step closer to scheduling a hearing before an Administrative Law Judge.
Steps if you have received the SSDI denial letter
Review the SSDI denial letter.
The first step if you have been denied for SSDI benefits is to review the SSDI denial letter. The letter should detail not only the reason you have been denied, but also whether or not you have the right to appeal your denial.
Claimants who have met the nonmedical requirements for SSDI- they have sufficient work credits to be considered insured, they are not working and making too much money, and their condition is expected to last at least 12 continuous months- can generally request a reconsideration online at www.ssa.gov.
Appeal the SSDI denial within the statute of limitations.
If you can request a reconsideration the next step is to review the date in which the request must be made. As you can attest, the SSA is very strict about the reconsideration deadline.
Although the SSA may make some exceptions (i.e. if you did not get the denial notification, your medical records have been destroyed, or you were incapacitated in the hospital and could not complete the reconsideration), in general, they will expect you to request the appeal prior to the deadline.
Talk to a SSDI lawyer
Another option if you dont want to hassle with the SSDI denial and appeal or you are confused about what you need to do is to talk to a disability lawyer. Some claimants balk at paying someone to help them get the benefits they believe they are owed; other claimants realize its a small price to pay if it can eliminate months of fighting an SSDI denial and can help them get benefits as soon as possible.
Talk to the SSA about whether they will let you file a late appeal.
You did not mention why you missed the appeal deadline. As mentioned above, there are legitimate reasons why the SSA may let you file a late appeal for your SSDI denial. If you feel that you have a valid option, you can talk to the SSA about making an exception for your case.
The SSA will probably make you refile your SSDI application but it never hurts to ask.