If you file an application for Social Security Disability Insurance (SSDI) benefits, the Social Security Administration will review it and your supporting documents and make a decision on whether you qualify for benefits. If they deny your claim for SSDI benefits, you have a right to file an appeal of their decision. However, you must meet strict time deadlines for filing your appeal.
How Long Do You Have to File an Appeal If the SSA Denies Your Application for SSDI Benefits?
There are four levels of appeal of a Social Security Disability Insurance denial of benefits: reconsideration, ALJ hearing, Appeals Council, and Federal Court. Here are the deadlines you have to file your appeals:
- Reconsideration. Your first step would be to ask the SSA to reconsider their decision. You have 60 days from the date of your denial to ask that another claims examiner review the decision to deny your request for SSDI benefits.
- ALJ hearing. The next level of appeal would be to request a hearing before an administrative law judge (ALJ). You must file this type of appeal within 60 days of the denial of your request for reconsideration.
- Appeals Council. If the ALJ determines that you are not eligible for SSDI benefits, your next step in the appeal process would be to file a request for a review by the Appeals Council. You would have 60 days from the date of the ALJ decision to appeal to the Appeals Council. They have the ability to grant you an approval of benefits, remand your case for a second hearing, deny your appeal, or dismiss your case.
- Federal court. Your final stage in the appeal process would be to file a lawsuit in federal court. You would have 60 days from the date of the Appeals Council’s decision to file your appeal.
What Happens If You Miss the Time Period to Appeal?
You would lose your right to file an appeal if you miss the 60-day deadline to do so. You would be able to file a new application for SSDI benefits. However, this would be a lengthy process, and you would waste a lot of time and effort.
If you reapply for benefits, your application may be denied again for the same reasons. In addition, you lose the right to receive some of the back benefits you are entitled to if you are approved for SSDI the second time you appeal.
Was your application for SSDI benefits denied? You need the help of a knowledgeable Social Security disability attorney if you want your appeal of the SSA’s decision to be successful. To find out how we can help, call our Roswell office to schedule your free case evaluation today.