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Appealing if you Never Received a Denial Letter
There are several situations in which an individual applying for disability benefits may not receive a denial letter. Since there is a specific time frame of 60 days from the date of the denial letter to file the appeal, not receiving the correspondence poses a problem. The most common reasons for not receiving a denial letter are incorrect or incomplete addresses, applicants moving without providing updated information or applicants that are physical unable to receive their mail due to illness or injury.
Good Cause Statement
Checking regularly as to the status of your case is important. With this information the applicant can reasonable predict when the denial letter should arrive. If it is not received within a day or two of the expected date follow up with the agency and document that the letter has not yet arrived. In some cases the letter may have been returned to the Social Security Disability or Social Security Insurance office and a copy can then be sent to your current address.
In cases where the 60 day appeal deadline has passed there is still the option to file an appeal. In addition to the required documentation for the reasons for the appeal the applicant will also have to include a good cause statement. The good cause statement explains in very clear and concise details why the appeal is filed outside of the appeal deadline. Additional documentation such as hospitalization records or problems with receiving mail should be included in the statement.
Additional Documentation
Filing an appeal on a denial with or without a notification letter should include additional supporting information as to why the denial should be overturned. Each case that is denied will specifically list the reasons for the denial. This list provides you with a guideline for the information that should be included in the appeal to prove your claim. In most cases additional medical evidence will be a key factor and applicants should keep copies of all up to date medical treatment and diagnosis.
Some new pilot programs in various states also use personal contact methods of reporting denials on specific types of disability claims. These alternative types of contact may include a request for further documentation, additional medical evidence or a face-to-face interview prior to making a formal decision. Working with an attorney that is trained in SSI and SSD cases can help you prepare for an appeal and avoid the common mistakes and pitfalls often associated with late appeals.
