Delay in Filing an Appeal

Many Claimants do not meet the 60 day deadline for Filing an Appeal when they have received Notice of the Determination. There must be an overwhelming reason for the delay or your case must start again from th beginning: new appliction, new disability report AND A MOTION TO REOPEN THE PRIOR CLAIM. A new Claim Filed within a year of the prior Claim Denial, can be considered a Motion to Reopen but at some point in the new Claim you need to actually request that the prior Claim be reopened and that is with a Motion to Reopen with case citations and applicable Regulations, Statutes, SSR, or AR.
Some good reasons for missing the date could be:
you were hospitalized for the majority of the 60 day period
your Appointed Representative was hospitalized for the majority of the 60 day period
neither you nor your Represenative received the Notice of Determination
on the date you had an appointment at the SSA local office you became ill and had to go to the Emergency Room
on the date you had an appointment at the SSA local office, weather closed their office.
You can see, there must be a verifiable and serious reason to miss your date.
When a Claimant is mentally retarded or has significant psychiatric disease, and they were unable to adeqautely understand the Notice giving them only 60 days to Appeal, a Representative may be able to have those cases Reopened.