Over the past few months, I have seen more and more instances where Social Security has failed to send denial notices to me (the attorney), to my client, or to either of us. Even worse, SSA has shown an unwillingness to acknowledge its mistakes, and is dismissing claims despite the lack of notice.
- In one case, both my client and I received a denial notice in mid March, although the letter inside was dated late February. According to Social Security’s regulations, reconsideration and hearing request appeals must be filed within sixty (60) days from receipt of a denial notice. In this case, my paralegal called Social Security and they advised us that their system showed that the 60 days response period began as of the date on the letter even though SSA did not mail the denial notice until almost 4 weeks after it was printed.
Fortunately in this case, we were able to file the appeal within 60 days from the date on the letter but I wonder how often a denial notice is mailed several weeks after the denial notice is printed.
What you can do: save both the denial notice and the envelope showing the postmark.
- On another case, my client received a denial notice but I did not. Unfortunately, my client suffers with a mental illness and he did not advise me of his receipt of the denial. When I learned that his claim had been turned down, I filed an appeal along with a request for “good cause” for late filing of the appeal but that was turned down. My client has to start over.
- In three other cases, I have represented clients who were denied but no denial notice was sent to either me or to my client. Despite my argument to the Regional Commissioner, SSA dismissed each of these cases and my clients have had to start over with a new application.
- Just this week, I received correspondence from Social Security relating to a claimant who I do not represent. I also received 4 unique bar codes on one of my cases (the bar codes are used to associate evidence with a particular claims file).
Generally, I think that Social Security does a reasonably good job generating notices and sending them out. But with the mountain of paper they process, mistakes will be made and my experience has been that Social Security will not correct its errors. You are more likely to get a “sorry, you are going to have to start over” response from them.
Here is what we are doing in my office to try to protect our client’s interest:
- I am advising my clients to notify my secretary immediately if they receive a denial notice or any correspondence from Social Security
- most decisions at the initial or reconsideration appeal level should be issued within 4 to 6 months. If I have not heard anything by month 6, I have my secretary start calling to find out if a decision has been made