When you're dealing with a disabling condition, keeping track of paperwork and deadlines for your Social Security disability insurance (SSDI) claim can feel overwhelming. However, missing a key deadline could mean losing your eligibility for much-needed benefits.
At Phillip Hendry Law, our experienced Louisiana Social Security disability lawyer understands the SSDI process inside and out. Here’s what happens if you miss a deadline and how our team can help you stay on track.
Consequences of Missing an SSDI Appeal Deadline
The Social Security Administration (SSA) denies the majority of initial SSDI applications. If your claim is denied, you have 60 days from the date on your notice to file an appeal. Missing this deadline means you lose your right to appeal, and your claim is closed.
To continue pursuing benefits, you will need to start the process over with a new application. This means:
- Waiting months for a new decision
- Facing a second denial for the same reasons
- Losing any back pay you could have received
There are four levels of appeals, each with its own strict deadline:
- Request for reconsideration (60 days)
- Request for hearing (60 days)
- Appeals council review (60 days)
- Federal court review (60 days)
Missing a deadline at any stage could end your claim. The further along you are, the more you stand to lose. For example, if you miss the deadline to request a hearing after a reconsideration denial, you lose the opportunity to present your case to an Administrative Law Judge (ALJ). ALJ hearings are often the best chance to secure benefits, as you can testify in person and present new evidence.
Even if you meet all the appeal deadlines, failing to submit key evidence on time can also hurt your case. If you don't provide updated medical records or other requested information by the SSA's stated deadline, they may make a decision based on incomplete information. This increases the likelihood of another denial.
Other Important SSDI Deadlines
Meeting your appeal deadlines is critical, but there are other important dates in the SSDI timeline to keep in mind:
- Submitting updated medical records before a hearing
- Objecting to expert testimony at least five business days before a hearing
- Requesting a copy of your claim file before an Appeals Council review
Missing these deadlines could weaken your case and make it harder to secure a favorable decision. For instance, if you don't submit updated medical evidence before your ALJ hearing, the judge won't have the most current information about your condition and limitations. This could lead them to conclude you're not as disabled as you claim.
Similarly, if a medical or vocational expert is scheduled to testify at your hearing, you have the right to object to their qualifications or methodology. But if you don't raise these objections at least five business days before the hearing, you may lose the right to challenge their testimony later on.
Can I Get an Extension on My SSDI Deadlines?
In limited circumstances, you may be able to get an extension on your SSDI deadlines by showing "good cause" for the delay. Examples of good cause could include:
- You were seriously ill and couldn't contact SSA
- A death or serious illness in your immediate family prevented you from making a timely request
- You didn't receive notice of the determination or decision
- SSA misled you about the requirements for receiving benefits
- Unusual or unavoidable circumstances existed, which SSA agrees prevented a timely filing
However, to get an extension, you must request it in writing and provide convincing evidence supporting your good cause argument. The SSA will consider the facts and circumstances of your case, how much extra time you need, and the reason for the delay. They'll also review whether you filed your request for an extension as soon as possible after the reason for the delay was resolved.
It's important to note that good cause extensions are not guaranteed. The SSA has strict standards and carefully scrutinizes each request. That's why it's best to do everything possible to meet your original deadlines, and only request an extension as a last resort.
How a Louisiana Social Security Disability Lawyer Can Help
The SSDI application process is challenging enough without the added stress of tracking multiple deadlines. A knowledgeable Louisiana Social Security disability lawyer can ease your burden and improve your chances of a successful claim by:
- Filing your initial application thoroughly and accurately
- Monitoring your claim status and keeping you informed of important dates
- Gathering persuasive medical evidence to support your case
- Identifying and addressing potential weaknesses in your claim
- Preparing you to testify convincingly at your ALJ hearing
- Arguing your case at an ALJ hearing
- Cross-examining experts and pointing out flaws in their testimony
- Ensuring all paperwork is complete and submitted on time
- Filing an extension request if an unexpected event prevents a timely submission
- Appealing unfavorable decisions and fighting for the benefits you deserve
At Phillip Hendry Law, we understand what's at stake for you and your family. Let us handle the legal legwork so you can focus on your health and well-being. From your initial application to Appeals Council review and beyond, we'll be there every step of the way, making sure you never miss a critical deadline.