How Long Do I Have To File A Social Security Appeal?

Oct 01, 2011 Comments Off on How Long Do I Have To File A Social Security Appeal? by

Question: How long do I have to file a Social Security appeal?

Answer: As a general matter, you have 60 days to file a Social Security appeal. That is how long you have to request reconsideration, request a hearing and request Appeals Council review. That’s also how long you have to file a civil action in United States District Court to appeal from a final Social Security decision.

The 60 days runs from the date you receive the decision you are appealing from. It is assumed that you receive the decision 5 days after it is issued. If you can show that you did not receive it until later, then you have more time.

You can get around the 60 day time limit if you can show good cause for the late appeal. An example of good cause would be that you received the decision while you were hospitalized and you remained quite ill for a lengthy period of time even after you got out of the hospital.

If Social Security is cutting off your disability benefits due to medical improvement, while you have 60 days to file your appeal, you have only 10 days to request that your benefits continue while you appeal.

It is important to remember that you don’t have to wait until the last minute to file your appeals. I try to file them as quickly as possible. There is already too much delay at Social Security. There is no reason to add to that delay by waiting to file an appeal.

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About the author

Charles Hall is the lead attorney for the Charles Hall Law Firm in Raleigh, NC. He has been practicing in the Social Security Disability law field since 1979, is published, and is ready to help new clients win their benefits in North Carolina.