There are several requirements in the Social Security Disability (SSD) system that can create a challenging experience. Any paperwork you submit needs to be accurate and you need to promptly respond to any communication from the SSA, or the application will be denied. The process can become even more overwhelming when your original application is rejected, and you have to navigate the Social Security appeals process. Missing a deadline at this point can mean the difference between receiving the benefits you need and starting the entire process over from scratch.
At Drew L. Johnson, P.C. Attorneys At Law in Eugene, Oregon, we have a dedicated staff to help you understand and meet the SSD deadlines. We can walk you through the steps for a successful appeal and help you get the benefits you are entitled to. For this month’s article, we’re going to focus on the appeals process for SSD benefits and why the deadlines imposed by the SSA are so important. If you need help with your Oregon Social Security Disability claim or appeal, call us today.
What Are the SSD Deadlines for Appeals in Oregon?
When your initial application for Social Security Disability (SSD) benefits is denied, you will be notified by mail. The denial letter is the beginning of your timeline to appeal the decision, and each stage of the process requires action within 60 days. The first step is to file a reconsideration request within 60 days of receiving your denial letter. If you were denied based upon not being disabled, the request will be handled by the Oregon Disability Determination Services (DDS), which reviews your claim and any additional evidence you provide.
If the reconsideration request is denied, you again have 60 days to request a hearing by an Administrative Law Judge (ALJ). During this hearing, you can present your case and submit additional evidence. If the ALJ also denies your claim, you can request a review by the Social Security Appeals Council within 60 days of the ALJ’s denial. The Appeals Council may deny your request, send your case back to the ALJ, or make a final decision based on your evidence. If the Appeals Council denies your request or you disagree with their decision, you have another 60 days from that date to file a lawsuit in federal district court. At this final stage, a federal judge will review your case and make a legally binding decision based on the specifics of the law.
The 60-day deadline offers a balance between giving applicants enough time to prepare their appeals and avoiding unnecessary delays in the process. It allows you to collect additional evidence, consult with a Social Security lawyer, and prepare a compelling appeal while also keeping the system efficient for other needy applicants.
What Happens If I Miss a Deadline?
If you miss a deadline in the SSD appeals process, your appeal will usually be dismissed. However, in some cases, you may be able to request an extension by demonstrating you had “good cause” for missing the deadline. Good cause, in this case, includes serious illness, family emergencies, or any other extenuating circumstances that made it impossible for you to meet the deadline.
To request an extension you need to submit a written request to SSA explaining why you missed the deadline and include supporting evidence. When deciding whether to grant an extension, the SSA considers several factors, including whether their actions misled you or if you had physical or mental limitations preventing you from filing on time.
How Can an Attorney Help Me Meet Deadlines?
An experienced Oregon Social Security lawyer can help you meet all SSD appeals deadlines by keeping your documents organized, filing necessary appeals, and handling the majority of the paperwork and communication with the SSA on your behalf. At Drew L. Johnson, P.C. Attorneys At Law, we are dedicated to helping our clients through the appeals process so they receive the disability benefits they deserve. We believe no one should miss out on the support they need because of a bureaucratic time limit.
How to Stay on Top of SSA Appeals and Deadlines
- Keep Detailed Records: One of the best ways to ensure you meet all deadlines is to keep detailed records of all communication and documents related to your SSD claim. This includes the dates that any letters from the SSA were received, and personal copies of the forms you submit that note the date the originals were turned in.
- Use a Calendar or Planner: Tracking important dates with a calendar or planner is another way to stay organized and avoid missing deadlines. Note each deadline as soon as you receive it and set reminders a few days before the due date to ensure you have enough time to make any final adjustments.
- Seek Professional Help: the SSD appeals process can be complicated, and having a professional Social Security lawyer can make a significant difference. At Drew L. Johnson, P.C. Attorneys At Law, we help our clients understand and meet all their deadlines, by providing guidance on the best course of action to take.
Drew L Johnson, P.C. Attorneys At Law: The Social Security Lawyers
Understanding and meeting the deadlines in the Social Security Disability appeals process is the only way for Oregonians to receive the benefits they require to make ends meet. Missing a deadline can cause your case to be dismissed or at least lead to significant delays and added stress. By staying organized and seeking professional help, you can present a successful appeal that explains your situation and gets you the support you need.
For more information or to schedule a free consultation, contact Drew L. Johnson, P.C. Attorneys At Law, at (541) 434-6466.
