If you have just received a denial letter, the most important thing on it is a date. Missing the deadline to appeal can end your claim at that level and force you to start over. Here is how the deadline works and how to count it safely.
The short answer: 60 days
At every level of appeal, SSA's regulations give you 60 days after you receive the notice to ask for the next step: reconsideration after an initial denial (20 CFR 404.909 and 416.1409), a hearing before an Administrative Law Judge after a reconsideration denial (20 CFR 404.933 and 416.1433), and Appeals Council review after a hearing denial (20 CFR 404.968 and 416.1468).
The 5-day mailing presumption
SSA treats you as having received the notice 5 days after the date printed on it, unless you show you did not receive it within that time (20 CFR 404.901 and 416.1401). That makes the outer limit 65 days from the date on the letter.
An example: a notice dated March 1 gives you until April 30 if you count 60 days from the date on the letter, or until May 5 counting the 5-day presumption.
The safe way to count
- Count 60 days from the date printed on the letter, not from the day it arrived and not from the day you read it.
- Treat the 65-day date as a backstop only. The presumption can be challenged, and you do not want your claim to depend on it.
- Write the date down the day the letter arrives, and keep the envelope.
What a request has to include
A request for reconsideration, a hearing, or Appeals Council review is a short written request. You do not need to have all your evidence ready to file it. You can add medical records and other evidence afterward, so do not let gathering paperwork make you miss the deadline.
If you have already missed it
You can ask SSA for more time, but the request must be in writing and must explain why you did not file on time. SSA grants the extension only if you show good cause (20 CFR 404.909(b), 404.933(c), and the standards in 404.911). SSA looks at what kept you from filing, whether anything SSA did misled you, and whether physical, mental, educational, or language limitations were a factor. This is much harder than filing on time, so do not rely on it.
Appeal or start over?
Some people file a brand-new application instead of appealing. That can cost you months of potential back pay, because an appeal keeps your original filing date alive and a new application does not. Before you decide, find out which path fits your situation.
The bottom line
The deadline is short, it is counted from the date on the letter, and it applies at every level. If you are within a few weeks of it, filing the request comes first and everything else can follow.
This article is for general informational purposes only and does not constitute legal advice. The Civic Advocate is a non-attorney representative (EDPNA) authorized by the Social Security Administration to represent claimants in disability proceedings. No outcome is guaranteed or implied.
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