A San Jose Social Security Lawyer Explains the Appeal Process

In this blog, Terry LaPorte, a San Jose Social Security lawyer, gives a brief explanation of the deadlines for various levels of the appeal process and how they apply to your Social Security disability claim.

How It Works
In any Social Security disability case, there are four levels through which the claim must pass before your San Jose Social Security lawyer may file suit in federal court. These levels are as follows:

  1. The application;
  2. The request for reconsideration;
  3. The hearing before an Administrative Law Judge; and
  4. The Appeals Council review.

Time Limit
With rare exceptions, Social Security disability appeals have a 60-day time restriction. Since decisions are received five days from the date shown on them, the actual time frame is 65 days unless something unexpected happens.

Weekends and Holidays
The time period is extended to the next business day if a request by your San Jose Social Security attorney to proceed to the next stage in the appeals process ends on a weekend, holiday or other day on which federal offices are closed. 20 C.F.R. §§ 404.3(b), 416.120(d).

Your San Jose Social Security Lawyer Explains SSA’s Viewpoint
According to the Social Security Administration, the date that the appeal is received by it is the date that it is considered filed. The SSA allows exceptions when a “request or notice is mailed to us by the U.S. mail, if using the date we receive it would result in the loss or lessening of rights. The date shown by a U.S. postmark will be used as the date of mailing. If the postmark is unreadable, or there is no postmark, we will consider other evidence of when you mailed it to us.” 20 C.F.R. § 404.614(b)(2).

If You Need Help
Your San Jose Social Security lawyer is here to assist you. Call LaPorte Law Firm at 408-293-8810 today.