Timing for Social Security Disability Administrative Appeals
If you or your Bloomsburg disability lawyer submitted your Social Security disability claim and received an unfavorable decision, the Social Security Administration (SSA) allows for several levels of administrative appeals. SSA puts your claim through four levels of adjudication. The first level is the initial determination after you’ve filed your claim. The next levels include a reconsideration determination, adjudication by an administrative law judge (ALJ), and, finally, a review of your claim by the Appeals Council.
There is a time limit to pursue the next level of your Social Security disability appeal. You must submit the paperwork for each adjudicative level within 60 days of receiving the decision from the previous level. However, as the SSA presumes that you will receive the decision within five days of the issuance date on the face of the decision, you effectively have 65 days before your paperwork for the next step is due. The exception to the 60-day deadline applies to appeals of ALJ decisions set forth after you have already received a remand from a federal court—in this situation, you only have 30 days. You may wish to confirm the time limit on each step with a Bloomsburg disability lawyer.
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The SSA uses the actual date of receipt when determining whether you filed your appeal in a timely manner. However, federal law does allow the SSA to use the date of mailing, as shown by the U.S. postmark on your appeal, to prevent a loss or lessening of your rights. If the U.S. postmark on your mailing is illegible, you may be able to present other evidence to show the mailing date. Federal law also accounts for deadlines on weekends, legal holidays, and other non-workdays for federal employees. On such days, the deadline to submit your paperwork for the next level of administrative appeal will move to the next full workday.
Discuss your appeal with a denied disability bakersfield. An attorney can guide you at each step of your appeal to ensure that you do not miss any administrative deadlines.