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.
It is our goal on this blog to supply general information without charge to the public seeking benefits under the SSA Regulations and Statutes based in disabling conditions, non-profit organizations serving this population, and their medical care providers.
Showing posts with label virginia. Show all posts
Showing posts with label virginia. Show all posts
Thursday, August 25, 2011
Tuesday, August 23, 2011
Earthquake in Mineral Virginia 08/23/2011
Hope everyone is doing OK; several of my clients who were either in the office or were coming into the office for appointments were not certain what was happening. Some even wondered if they were having medication side effects. Not to worry only an earthquake ...in Virginia... while we wait for a hurricane... well... don't worry anyway.
If you have an appointment and the Hurricane Irene has hit the area, please call the office before you come to the offfice; we may be unable to get to the office.
Trying to send Irene away ...play "Good night Irene" by clicking here:
If you have an appointment and the Hurricane Irene has hit the area, please call the office before you come to the offfice; we may be unable to get to the office.
Trying to send Irene away ...play "Good night Irene" by clicking here:
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