Social Security 5 Day Rule: What Is It?

social security 5 day rule

Submitting evidence in a Social Security disability case is very important. As with most parts of the claims process, there are detailed rules about medical evidence. One of the most important rules is the “5 day rule.” This rule states that disability claimants and their lawyers must submit evidence at least 5 days before a hearing. Following all of the Social Security Administration’s guidelines is essential to winning a disability case. At Summit Disability Law Group, we strive to help our clients understand the disability claims process. This post explains the Social Security 5 day rule and what it means for you.

What is the Social Security 5 Day Rule?

If your initial claim and appeal are denied, then you can request a hearing before an administrative law judge. This is when the 5 day rule comes into play. The Social Security guidelines state the following:

  • “You must submit any written evidence no later than 5 business days before the date of the scheduled hearing.”

Written evidence can include diagnoses, current treatments, and statements from your doctor about your disability, among other things. Working with an experienced disability lawyer will help you identify the kind of evidence your case needs.

What Happens After 5 Days?

Sometimes, you simply cannot abide by the Social Security 5 day rule. Situations arise, or new evidence comes up, that require submission within 5 days of your hearing date. A judge will only consider evidence submitted within 5 days of a hearing if you can prove one or more of the following:

  • Action(s) by the SSA misled you about how to prepare for your hearing
  • A “physical, mental, educational, or linguistic limitation” prevented you from meeting the deadline
  • An unexpected or unavoidable situation occurred that was beyond your control

Evidence is crucial in a disability case; therefore, play it safe and remember the 5 day rule. Submitting your evidence on time will decrease potential stress and frustration. At Summit Disability Law Group, we regularly help Utahns win their disability cases. Hiring a disability lawyer is the best thing you can do for your chances to get benefits. We offer a number of helpful resources to make the claims process smoother for you.

How Can Summit Disability Law Group Help You

At Summit Disability Law Group, we will help you effectively navigate the whole claims process, not just the Social Security 5 day rule. If you want to learn more about disability law, please order a free copy of our book, The Utah Social Security Disability Handbook. This book explains the claims process in simple terms, so you can approach your unique case with confidence.

Our Social Security disability lawyers are dedicated to winning your case. Please contact us today for a free consultation to discuss your case!


Image courtesy of the United States Department of Health and Human Services. The image is in the public domain.