Reconsideration after deadline

Hi. I’m trying to help my partner, who has an acquired brain injury (ABI), among other conditions and disabilities. He was denied back in 2014. I don’t think he ever received the letter and if he did, he was in no condition to act upon it. Additionally, the contact form says there has to be a min of TWO attempts on two different days to reach the applicant. The adjudicator only called once, by her own notes. I have an excellent letter from his Cardiologist to back up the ABI (the ABI happened during a medical accident that was cardiac in nature) and his disabilities and prognosis clearly spelled out. What are the chances of getting an extension on the time for reconsideration this late? He has not been able to work at all. His contributions did qualify him.

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Welcome to the forum.

He never made enough contributions or he did but not recently?

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Your partner would need to start over by filing a new application under the “late application” rules. This just means it is a new application, but relates back to when he went off work for disability and still had enough contributions to qualify.

David Brannen

Disability Lawyer with Resolute Legal

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So there is no point in asking for an extension of the reconsideration time frame?

When the letter of decline was sent, he was facing homelessness, on narcotics (prescribed) and not living where the letter was sent. I don’t know if he ever actually got it.

Should I use any of the original Dr’s reports or start fresh. They are very very vague.

What are the chances of success with the late application?

The original application was poorly done. Not one of his Dr’.s gave a prognosis or said he was unable to work.

thank you


He made enough contributions at the time he became disabled. He has not worked since the medical accident that disabled him.

You only have 90 days to appeal a reconsideration. You have very limited time to ask for an extension, certainly once a person is more than 6 months to a year after the 90 day there is no possibility of them granting an extension.

I cannot give you specific legal advice, but my understanding is that you are taking about a missed deadline in 2014, so that is 4-5 years ago so that is far beyond the timelines where extensions would be granted.

Even though he has an acquired brain injury and at the time was on opioids and facing homelessness? I was hoping that would explain WHY he missed the deadlines.

So, just start from fresh again and reapply but late?

It is a LONG time.



I can’t speak directly to your situation for specific legal advice.

There is an “incapacity” exception, but it is very very difficult to meet. To be successful you would essentially need to be a person in a coma. Even then, they would give you 90 days from the time you emerged form the coma.

It is very unforgiving and when you are 4-5 years late, it would be hard to show that at some point during that time there wasn’t 90 day period when the person could have acted, or had help from a friend or family member.

In a situation like you describe, my advice is always to start over.