Filing a Timely Social Security Disability Appeal

If you plan to file an appeal of your Social Security disability claim, it’s highly recommended that you work with a Jacksonville disability lawyer.

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The Social Security appeals process can be extremely complicated. To start, there are four levels of administrative adjudication over a claim:

  1. Initial determination.
  2. Reconsideration determination.
  3. Hearing before an administrative law judge.
  4. Review by the Appeals Council.

Only after all these processes have been exhausted can a case be filed in federal court.

Time Limit to Appeal

Usually, the time limit to file an appeal of a Social Security disability claim is 60 days from the date of receipt of a decision. In practicality, the effective limit is 65 days, as there is a presumption that decisions are received five days from the date of the decision.

However, the one exception to this 65-day limit is when someone appeals 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.

To learn the exact time limit to appeal your case, you should have a Jacksonvilledisability lawyer review your case.

What Happens If the Time Limit Ends on a Weekend or Holiday?

You may be wondering what happens if the 65-day time limit ends on a weekend or holiday. In these cases, you can take comfort in knowing that the period is extended to include the next full workday.

When Does the Social Security Administration (SSA) File the Appeal?

The SSA typically treats an appeal as filed on the day it acquires it. But if using this date will result in you losing your rights to appeal, the SSA will use the U.S. postmark date.

Having your Social Security disability claim rejected is disheartening. However, with the help of a Jacksonville disability lawyer, you can still win your case upon appeal. Just make sure that you file the appeal on time. Contact First Coast Accident Attorneys at 904-215-5555 to learn more.

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