Good Cause or No Good Cause? You decide - Social Security Appeal - Melvin
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Good Cause or No Good Cause? You decide — Social Security Appeal

by Melvin Cook

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R was a medical doctor who applied for old age social security insurance benefits in 1960. His application was denied on the grounds that he was not fully insured. He appealed the decision. Upon reconsideration the initial decision was affirmed. Notice of the determination was mailed to R, along with a notice of an appeal right if he requested a hearing within 6 months from the date the letter was mailed (these days the appeal deadline is usually 60 days from the date the notice was received).

R went on a one-month speaking tour, after which he suffered a back injury which left him hospitalized for one month. Thereafter he was on bed rest for five months. Then he had a cataract surgery. After all these difficulties, he requested an appeal ten months after the decision letter was mailed. He cited his health difficulties in a good cause statement for his late appeal.

Good cause was not found. The determination was that R could have filed the appeal while he was gallivanting about on a speaking tour. Moreover, his health issues did not per se prevent him from filing a timely appeal. He could have made telephone calls or had an agent transact the business on his behalf.

See Social Security Ruling (SSR) 68-8.

Moral of the story: appeal early and appeal often. Even if you are laid up in bed or out on an international goodwill tour, you must attend to your social security matter.

My apologies for being didactic.

Didactic: /dīˈdaktik/
adjective: didactic
1. intended to teach, particularly in having moral instruction as an ulterior motive.

See: preachy

This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.

Contact a Salt Lake City Attorney Committed to Protecting Your Rights

When it comes the family law and social security disability, each client and case is different. It is also important to select an attorney with the experience, skills and professionalism required to address your legal issues. To learn more, contact the Salt Lake City law offices of Melvin A. Cook and schedule an initial consultation to discuss your case.

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