Timing and Administrative Levels for Georgia Social Security Disability Claims

Applicants for Social Security benefits should understand the four levels of administrative adjudication for their claims. The four levels include the initial determination, reconsideration determination, hearing with an administrative law judge (ALJ), and Appeals Council review. A Georgia Social Security disability attorney can guide the applicant at each level, as well as help during appeal through the federal courts after the end of the administrative process.

Each administrative level includes a timing requirement that the applicant must follow. For most Social Security disability appeals, the time period for an appeal starts on the date of receipt for the previous decision and lasts for 60 days. The Social Security Administration (SSA) presumes that the applicant receives the agency’s decision five days after the date on the face of the decision. Accordingly, the time limit for most appeals effectively becomes 65 days from the date of the decision. The only exception to the 65-day timing requirement applies when the claimant files an appeal of an ALJ decision to the Appeals Council after remand from federal court; for this type of appeal, the time period is limited to 30 days.

The SSA adjusts the time limit for an appeal when the period ends on a weekend date, legal holiday, or any full or part non-workday for federal employees. In these situations, the time period extends to the next full workday as required by 20 C.F.R. §§ 404.3(b), 416.120(d).

The applicant may worry about making it under the time limit if only a few days remain before the due date for appeal. 20 C.F.R. § 404.614(b)(2) explains the receipt procedures followed by the SSA. The SSA marks the actual receipt date as the date of the filing for appeal. The agency will use the U.S. postmark date, however, if the applicant would otherwise lose her rights or experience a lessening of rights. If the U.S postmark is illegible or missing, the SSA will allow the applicant to provide other evidence to show a timely filing of the appeal.

An applicant who needs to file an appeal may benefit from speaking with Georgia Social Security disability attorney Danny Griffin. With or without the help of a lawyer, the claimant should follow the timing requirements to ensure a properly filed appeal.