If you plan to file an appeal of your Social Security disability claim, it’s highly recommended that you work with a Jacksonville disability lawyer.
The Social Security appeals process can be extremely complicated. To start, there are four levels of administrative adjudication over a claim:
Hearing before an administrative law judge.
Review by the Appeals Council.
Only after all these processes have been exhausted can a case be filed in federal court.
Time Limit to Appeal
Usually, the time limit to file an appeal of a Social Security disability claim is 60 days from the date of receipt of a decision. In practicality, the effective limit is 65 days, as there is a presumption that decisions are received five days from the date of the decision.
However, the one exception to this 65-day limit is when someone appeals an administrative law judge decision to the Appeals Council following a federal court remand. In this case, the time limit is 30 days to file an appeal.
To learn the exact time limit to appeal your case, you should have a Jacksonvilledisability lawyer review your case.
What Happens If the Time Limit Ends on a Weekend or Holiday?
You may be wondering what happens if the 65-day time limit ends on a weekend or holiday. In these cases, you can take comfort in knowing that the period is extended to include the next full workday.
When Does the Social Security Administration (SSA) File the Appeal?
The SSA typically treats an appeal as filed on the day it acquires it. But if using this date will result in you losing your rights to appeal, the SSA will use the U.S. postmark date.
Having your Social Security disability claim rejected is disheartening. However, with the help of a Jacksonville disability lawyer, you can still win your case upon appeal. Just make sure that you file the appeal on time. Contact First Coast Accident Attorneys at 904-215-5555 to learn more.
John is a Jacksonville native who grew up on the First Coast. He graduated from Bishop Kenny High School in 1975 and went to college at Florida State University where he completed a 4-year program in 3 years. John graduated from the Florida State University College of Business in 1978 and went straight into Florida State University College of Law. While in law school, John earned a position on the prestigious Law Review Board serving as its Business Editor. As a law student, John studied in the Oxford program. He also interned with the Florida Legislature working in the Florida House of Representatives Criminal Justice Committee. John was admitted to the Florida Bar in 1981.
John began his legal career as a law school intern in the State Attorney's Office in Jacksonville in 1981. After his internship, legendary State Attorney Ed Austin hired John as a full-time Assistant State Attorney for the Fourth Judicial Circuit (Clay, Duval, and Nassau Counties). As a prosecutor, John tried jury and non-jury trial on charges ranging from DUI to Murder.
In 1983, John moved from the State Attorney's Office to begin his career in private practice. He has practiced law for 30 years on the First Coast. For the last 20 years, John and his family have made Clay County their home.
John limits his practice to personal injury and disability cases. While there are many fine attorneys in Clay County, John is one of only a few Clay County attorneys who limit their practice to personal injury and disability cases. John takes pride in helping clients resolve injury claims in ways that avoid the stress, uncertainty, and the expense of unnecessary litigation.
John is the past President of the Clay County Bar Association and has served on the Board of the Clay County Bar Association from 2009-2013. He is an active member of the Florida Bar, and the Federal Bar of the Middle and Southern Districts of Florida. He is also a member of the American Association of Justice, the Florida Association of Justice, the National Organization of Social Security Claimants' Representatives, and the National Organization of Veterans' Advocates.
Service to the Community
John is involved in the Clay County Community serving as a member and Director of the Rotary Club of Orange Park, of the Clay County Bar Association, and the Putnam County Bar Association.
The information provided on this web site is provided for general informational purposes only and should not be interpreted as legal advice. Every case is different and requires individual attention before such advice can be given. Neither the transmission nor receipt of general advice to or from our website will constitute an attorney-client relationship.