Good Cause for Missing a Filing Deadline

The Social Security Administration (SSA) imposes standard deadlines to determine the timely filing of each administrative appeal. If a claimant misses an appeal deadline, the SSA may accept a good-cause explanation. 20 C.F.R. § 404.911(b) includes nine examples of good cause. A claimant who missed a deadline should consider discussing good-cause explanations with an Omaha Social Security disability attorney.

Two good-cause examples help claimants who failed to appeal in a timely manner due to serious illness. The SSA accepts lateness if the applicant was seriously ill and could not previously contact the SSA in writing, in person, or with the help of a family member, friend, or other representative. The SSA also accepts missed deadlines if the claimant experienced an immediate relative’s death or serious illness.

Other good-cause examples accommodate a claimant who could not gather the necessary information to support a claim within the specified period of time. The SSA may also provide more time to an applicant who lost important records due to fire or another accidental cause.

In addition, the SSA accepts a good-cause delay if the claimant never received notice of a determination or decision for the benefits claim. In this situation, the claimant must do more than allege missing notice—the claimant may need to show that the SSA contacted the claimant at an incorrect address. Another timing exception exists for those who received incomplete or incorrect information from the SSA regarding how or when to properly file an appeal, request further administrative review, or file a civil suit.

If the applicant requested information from the SSA and then filed an administrative appeal within 60 days of receiving the new information, or filed a civil suit or requested Appeals Council review within 30 days, the claimant may be able to establish a good-cause exception. Federal law also provides a good-cause exception when the claimant contacted another government agency in good faith, in a timely manner, but the agency did not receive the paperwork until after the deadline.

Finally, the agency acknowledges other unavoidable or unusual circumstances, as described and permitted by federal law, that explain why the claimant did not know of the filing deadline or provide an explanation as to why the claimant could not file an appeal in a timely manner. If the applicant mistakenly believed that a legal representative already filed the appeal, the SSA may be able to give a good-cause extension.

Good-cause exceptions may keep an appeal on track after the claimant has missed a filing deadline. For more information about good cause, an applicant may need to discuss legal options with an Omaha Social Security disability attorney. If the SSA refuses to extend a deadline, the applicant’s lawyer may be able to establish the late appeal as a protective filing for a new application.

If you have more questions about filing late appeal, contact Omaha disability attorney Timothy Cuddigan.