Social Security’s regulations assume that any notices they mail to claimants will be received within five days. I think many of us have recently had personal experiences with the unreliability of the U.S. mail. For example on January 4 I received a package that was sent to me by U.S. mail on December 4. As another example, well into the new year I was still receiving Christmas cards mailed to me a week or more before Christmas. For another example, I’ve already had at least one payment I mailed received late even though it was mailed more than a week before the due date. You can add your own examples.
There is only a limited time given to file appeals from adverse Social Security decisions. There is only an extremely short time given to ask for interim benefits when a person is told they are no longer disabled. I think it’s time for Social Security to revisit its assumptions about mail service.
5 comments:
I always send things priority tracking with signature confirmation, or certified if needed. Seems to get there and be seen by a person right away, that way. I've learned to always be on top of them, or one step ahead. It's worked for me, the extra postage is fine, peace of mind. Once I get the card back, I know I'm looked at, and that I have a legal document saying so. Just a tip on sending things TO SSA. As far as receiving anything, ya...totally not enough people in their mail room.
^ I think his post is also considering pro se claimants.
better yet, fix the post office.
I don't get how the presumption of receipt within 5 days is even arguably consistent with 42 USC 406(b)(1)'s 60 day appeal deadline, especially 42 USC 406(g)'s 60 day after MAILING deadline as to judicial review, and how it wouldn't be SSA's burden to prove these facts to support a motion to dismiss on untimeliness.
FROM THE PUBLIC VERSION OF POMS --EM-20040 REV - Statutory Benefit Continuation (SBC) Requests during the COVID-19 National Public Health Emergency- Title II and Title XVI -
C. Good Cause for Late Election of SBC during the COVID-19 National Public Health Emergency
Our current policy provides sufficient flexibility to allow the FO to make a good cause finding for late SBC elections during the COVID-19 national public health emergency.
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