For Social Security Disability claim appeals, claimants have 60 days from the date their denial was issued, in addition to five extra days for mailing time, to submit the appeal. Because of the generous amount of time allowed, the Social Security Administration generally require that applicants submit a brand new application if they submitted their appeal after the deadline. However, West Virginia residents who did not submit an appeal of their Social Security Disability claim by the deadline may have recourse in certain situations.
The SSA will consider each case individually, but typical acceptable reasons may include the claimant not receiving the notification of the denial or being unable to submit the appeal in a timely manner due to a mental or physical condition. Generally, if the reason provided for the late appeal is logical and rational, the appeal is likely to be accepted. The claims representative in the Social Security office who was responsible for the original claim is the person who will determine if the late appeal has a good cause.
For late appeals that request a hearing in front of an administrative law judge, the claims representative is able to approve the excuse provided for the appeal being late. However, the final authority on whether the hearing request will be accepted will lay with the judge who is conducting the hearing.
An attorney who handles Social Security Disability cases may assist clients with applying for benefits and with appealing claims that have been denied. The attorney may advocate on behalf of clients during appeal hearings and may make sure that all necessary medical documentation verifying a client's disability has been submitted.