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Social Security Disability Appeal Deadlines and What Happens If You Miss One

Social Security Disability Appeal Deadlines and What Happens If You Miss One

When Social Security denies an SSDI or SSI claim, the denial notice starts a deadline. In most cases, you have a limited window to appeal and missing that window can create major setbacks. The good news is that a missed deadline does not always end the case. Social Security can accept a late appeal in certain situations if you can show “good cause.”

What matters most is timing. The earlier you address the deadline issue, the more options you tend to preserve.

The 60-Day Appeal Deadline

Social Security generally requires an appeal request within 60 days after you receive the notice

Social Security also uses a mailing presumption when it counts time. SSA typically assumes you receive a notice five days after it is mailed, unless you can show you received it later. 

Two important takeaways:

  • Do not wait to “see if you feel better” or “get everything together first.” Evidence gathering can take time, but preserving the right to appeal often comes first.
  • Do not assume the clock starts when you open the envelope. SSA’s time count is tied to the notice date and the five-day mailing presumption. 

What It Means to File “On Time”

An appeal must be requested within the deadline. SSA explains that you can request an appeal online, by mail, or by visiting a local Social Security office. 

If you are close to the deadline, the priority is making sure the appeal request is submitted properly, not just started.

What Happens If You Miss the Deadline

If you do not appeal on time, Social Security may treat the determination as final, and the agency may dismiss the appeal at later stages. 

In practical terms, missing a deadline can lead to consequences like:

  • Having to start over with a new application instead of continuing the existing claim
  • Losing time in the process, including potential delays in reaching a hearing
  • Impacting back pay because filing dates and alleged onset dates can become harder to preserve once a decision becomes final

Not every case plays out the same way, but the risk is real. That is why it is usually better to address the deadline issue immediately than to wait.

Schedule a consultation with us to discuss your social security disability claim.

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Here's What Sets Our Team Apart

Carmichael Law Group guides you every step of the way, from applications to appeals, with clear communication and strategic advocacy.

  • Compassionate Advocates

    We treat every client with respect, empathy, and personalized attention, guiding you through the SSD process with care.

  • Proven Track Record

    With years of experience and thousands of successful cases, we provide skilled representation at every stage of your claim.

  • Honest Guidance
    We prioritize clear communication, ethical advocacy, and transparency, ensuring you understand your rights and options.
  • Focused on Results

    We fight tirelessly to secure the benefits you deserve, using strategic legal expertise to achieve the best possible outcome.

How Carmichael Law Group Helps When Deadlines Are Tight

When a denial comes with a short timeline, the first priority is keeping options open. Depending on where you are in the process, that may involve:

  • Confirming what the deadline is under SSA’s time-count rules 
  • Ensuring the correct appeal request is submitted
  • Evaluating the denial rationale and identifying what needs to be fixed in the record
  • If the appeal is late, developing and documenting a good-cause explanation under SSA’s rules 

If you were denied SSDI or SSI and you are near the appeal deadline (or you think you may have missed it), it is worth getting a case review as soon as possible. Carmichael Law Group helps claimants across Alabama and Georgia with appeals and hearings. 

To discuss your situation, call (888) 687-6022 or contact us online for a free consultation.

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