If the claimant visits an office to file an appeal, they will receive a face-to-face
interview the same day. The interview may be conducted by a service representative
or higher level employee. The person who makes the reconsideration determination must
have had no prior involvement with the initial determination.
There is no protective filing for appeals. Social Security Administration (SSA) has
to actually receive the written request within the time limit. An appeal request need
not be on any special form. If it appears the time limit for requesting an appeal
will expire within 10 days, or Goldberg Kelly is desired, encourage the caller to
send a written statement or visit the field office (FO) as soon as possible. If sending a SSA-561 to the caller, write your office code and the date of the call
in the upper-right-hand corner. (This date may be a factor in deciding whether good
cause for late filing can be established.)
See SI 02301.310 for more information on Goldberg Kelly and good cause for late filing.
NOTE: Before accepting a new disability application or processing additional evidence from
a claimant, who has a disability claim pending at any level of administrative review,
see DI 51501.001 – Procedural Change for Subsequent Disability Applications Effective July 28, 2011,
DI 51501.005 - Claimant Requests to File a New Disability Application, and DI 51501.015 - Claimant Submits Additional Evidence.