Gade & Parekh, LLP formerly the Law Office of Elizabeth Gade, Inc. Gade & Parekh, LLP formerly the Law Office of Elizabeth Gade, Inc.

September 2018 Archives

Acceptable reasons for missing disability appeal deadline

The Social Security Administration grants a generous time period of 65 days to disability applicants in California who want to appeal their denials. People get 60 days from the date on their decision letter plus five days for mailing. The administration only grants appeals to applicants who missed their deadlines under limited circumstances, such as hospitalization or inability to understand the decision letter. A failure to receive a decision letter could also provide a valid excuse for missing the deadline.

How to get benefits after a heart attack

California residents who have had a heart attack could be eligible for disability benefits. However, this depends on the severity of the heart attack and whether it leaves the person unable to engage in substantial work activity. If the applicant is unable to work, they must either be out of work for 12 months or expect to be out of work for at least that long.

About SSD reconsiderations

It is not unusual for California residents to see their reconsiderations for Social Security Disability denied. Records show that just 35 percent of people who apply for disability benefits are approved. As a result, individuals whose disability claims were not approved are forced to consider whether they want to go through the Social Security appeal process to obtain the disability benefits they need.

The steps involved in evaluating an SSDI claim

California residents can be awarded disability benefits when the Social Security Administration determines that they are no longer able to perform gainful work in a substantial way. Disability claims are evaluated using a five-step process. The SSA first eliminates applicants who are still working and then examines medical records and other supporting evidence to determine if the applicant has a medically verifiable mental or physical impairment.

Deadlines and delays for SSD benefits appeals

When California applicants are denied Social Security Disability Insurance benefits at the first stage of the process, they have the right to file an appeal. After a decision is made on a disability claim, applicants have a 60-day period in which to seek an appeal. This period begins with the date the notice was issued, so there are an extra five days to cover the mailing time before the notice reached the applicant. In order for an appeal to be considered timely, it must arrive at Social Security office on or before the 65th day from the notice of denial.

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