Unfortunately more Social Security disability cases are denied in this day and age. In this situation an appeals process is available for those who wish to appeal the ruling by Social Security.
Four levels of administrative adjudication are available when making Social Security claims. For instance:
1. The first ruling.
2. Reconsideration of ruling or determination.
3. An administrative law judge hearing, and…
4. An Appeals Council review.
Once this is performed, an appeals case in federal court can be filed.
For all Social Security appeals but one is 60 days from the date of a receipt of a final ruling. Unless there’s evidence suggesting otherwise, because it’s assumed that the rulings are sent five days from the date the decision was reached, the time limit from the date of the final ruling is 65 days.
Appealing for an ALJ denial to the Appeals Council is the only exception to the 65-day time limit, after a remand by the federal court. For these appeals the time limit is 30 days.
When or if the period for requesting an appeal ends on a Saturday, Sunday, a holiday, or any other date where the federal employees have a non-working day by statute, law or Executive Order, this period is extended to include the next working day. 20 C.F.R. ss 404.3 (b),416.120(d).
Attorney John Oreh has a website dedicated to helping those in trouble with the law. Take a look at their website today, don’t hesitate!
An appeal is treated by the Social Security Administration (SSA) as filed on the day it’s received. However, if using the date received would result in a loss of rights, the SSA will use the date the request was mailed via U.S. mail. The date of mailing shown by the U.S. postmark will be used as the official date. Other evidence will be considered on behalf of the individual or entity who mailed the request if the postmark is unreadable, or if there’s no postmark. 20 C.F.R. s 404.614 (b) (2).
An attorney is needed and is well versed on Social Security laws. The attorney will be an invaluable source to have on your side. Contact one today!