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Social Security Disability benefits and the appeals process

People in Pennsylvania who are applying for Social Security Disability may be worried about the consequences of filing a late appeal after a denial of disability benefits. If the Social Security Administration denies a disability claim, applicants are provided with 60 days in addition to five mailing days to appeal the decision in their case, starting from the date on the notice of denial. However, it can still be possible to file an appeal after that 65-day period, although it could be denied due to a lack of timely filing.

In order to successfully file a late appeal of a denial of Social Security Disability benefits, the person appealing must show that they had good cause to be late. There are a number of reasons that can apply, especially to people who have disabilities and whose ability to respond to a filing is limited as a result. If a person was too ill to file or contact Social Security, this is considered good cause; this is also the case if the applicant has mental, physical or educational limitations that prevented them from being able to file their appeal in a timely basis.

Other good cause exemptions include a death in the immediate family, destroyed or damaged records in an accident or fire, incorrect information about how to appeal, failure to receive the decision or a lack of success in obtaining supportive information for the claim in time. These are not the only reasons; an applicant may make their own claim for good cause.

For people who are seeking Social Security Disability benefits and have exceeded the time in which to file an appeal, seeking legal counsel may be a good idea. A disability law attorney may be able to work with a person seeking SSD benefits to file their initial application and any appeals with the necessary documentation and arguments in order to help him or her obtain the benefits that they need.

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