WHY ARE DISABILITY CLAIMS DISMISSED?

Social Security may dismiss a Social Security disability appeal under certain circumstances.

One of the common reasons for dismissal is filing the appeal too late; that is, missing the 60 day deadline to file an appeal.  The 60 days start ticking with the date on the denial letter.  You can add 5 extra days for mailing time.  So, if your appeal is not filed within 65 days from the date of denial, it will be dismissed for "untimely filing."

A claim may be dismissed because the claimant doesn't have enough "work credits" to be insured under the Social Security Act.  Most workers need to have worked 5 years out of the most recent 10-year period to have coverage.  Exceptions apply for very young persons.

A claim can also be dismissed at the request of the claimant.  If the claimant has returned to work, for example, he or she may ask the court to dismiss the claim. 

If your claim gets dismissed, may you appeal?  Yes.  You may file an appeal with the appellate division, commonly called the Appeals Council--which is a group of judges headquartered in Falls Church, Virginia.  

If your claim was dismissed due to late filing (missing the deadline), you must show that you had "good cause" for the late filing.  If you don't have enough work credits to be covered under the Social Security Act, the appeal will only be successful if you can prove that Social Security is wrong about the credits you have and you actually have more credits than are showing in the record.

So, appeals for these kind of issues are very difficult to win.

If you have a question or problem regarding Social Security disability, you should consult an experienced attorney or advocate who deals with these matters on a regular basis.
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