What do I do if an appeal deadline was missed by my disability lawyer?After being denied 2 times, I hired an SS lawyer to handle my case. He missed the deadline for an appeals hearing and I didn't find out about it for almost 2 years. Tired of waiting, I contacted SS and they said they had no record of my claim. How does one handle such a predicament? I am afraid there is only one way to handle it at this point and that is for your to file another disability claim. It is unlikely an ALJ would allow good cause or a hearing appeal two years after the denial of your reconsideration appeal. Perhaps you may be approved with a new claim; there are many factors that affect a disability decision. You are a couple years older and that can make a difference if your conditions may have worsened. I know this is not an answer that is very palatable. The attorney missed your deadline and allowed your case to lapse. But, very unfortunately, it (filing a new claim) is the only way you may possibly get disability benefits. I will say that the situation you experienced is one of the reasons why it is surely good advice to stay in routine contact with your disability representative or disability lawyer. By doing so you can both remain on the same page with regard to any notices that have been sent out by SSA, particularly notices of denial on a claim, but also notices regarding the scheduling of medical exams and also requests for information from you (usually made by the disability examiner). About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here. Most popular topics on SSDRC.com Social Security Disability in North Carolina Common Mistakes to avoid after being denied for Disability Tips to Prepare for Filing for Social Security Disability or SSI Advice to Win SSD and SSI Benefit Claims Social Security Disability SSI Questions What is the difference between Social Security Disability and SSI? How to get disability for depression Getting disability for fibromyalgia SSI disability for children with ADHD What is the Application Process for Social Security Disability and SSI? Social Security Disability SSI Exam tips More Social Security Disability SSI Questions What makes you eligible for Social Security Disability or SSI? Related pages: Factors that affect how Long it takes for A Social Security Decision Letter Are Education or Age factors for Social Security Disability or SSI? Decision on Social Security Disability or SSI is based on evidence of functional limitations factors Social Security Notice of Denial for a Disability Application or Appeal What do you do if your Social Security Disability or SSI Claim is denied? Process of a Disability Review |
