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What Can You Do if the Time to Appeal Your SSD Denial Has Already Run Out?

If you have applied for Social Security Disability (SSD) benefits and your application was denied, you can request reconsideration of your case. You have 60 days from the date of the letter denying your application to file an appeal. The details of how to appeal and the address to send your appeal letter will be included with your Notice of Denial.

The 60-day deadline is a firm one, with no exceptions. Ill or injured people file SSD applications, and your argument that your condition or other life circumstances did not allow you to appeal in a timely manner will fall on deaf ears.

The good news, however, is that if you have missed the 60-day deadline, all is not lost. You can file a new application together with a request that the old claim be reopened by Social Security. Social Security does not have a form that allows you to reopen your claim, so many people do not realize that this option exists. If Social Security agrees, and you eventually receive benefits, your backpay will be calculated based on the original date of disability.

There are limits as to the timeframe over which a case can be reopened. In general, it is easier to reopen a claim if it has been less than 12 months since your initial application was denied. In certain circumstances, Social Security will agree to reopen a claim even if it has been more than a year since you received the decision.

Sometimes, if you have not worked in a long time, you might no longer qualify for SSD if you applied today, but you did qualify for benefits when you first applied. Depending on the circumstances, Social Security may agree to use your original date of application and reinstate your eligibility.

If you are trying to reopen a closed Social Security case where the time to request reconsideration has already passed, you need to consult with an experienced attorney who understands all the details of the law governing SSD immediately. If you wait too long, you may lose this option forever.

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