| Social Security Appeals |
by: Alaska Legal Services Corporation
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| Q. | Why would I appeal a decision by the Social Security Administration (SSA)? |
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| A. | Because many times they are wrong. Further, they typically deny 85% of the disability claims. Of those denials appealed to the hearing level, over 50% are approved. This is a very good reason to appeal. |
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| Q. | Where do I get help with my appeal? |
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| A. | In most cases, Alaska Legal Services will help you with your appeal. Alaska Legal Services cannot help if your case does not have merit. You may have to take a different action if you want to challenge a law. |
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| Q. | How do I appeal? |
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| A. | First you fill out Request For Reconsideration form and take or fax it to the SSA office. If that is denied (it usually is), then you fill out Request For Hearing form and take or fax it to the SSA office. |
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| Q. | What if my disability benefits are being terminated based on medical improvement? |
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| A. | As the result of a nationwide effort by Legal Services, Congress passed a law to protect you from wrongful termination of disability benefits based on medical improvement. |
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| Q. | What must I do to protect my benefits? |
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| A. | You must file Request For Continued Benefits form within 10 days after receiving notice of termination. |
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| Q. | But the form says I may have to repay the continued benefits? |
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| A. | There are four good reasons why you should still request continued benefits:
1. SSA was wrong and you will not have to repay.
2. Repayment is generally only taken from current benefits. For example, if you are now ineligible for benefits, repayment will have to wait until you are again receiving benefits.
3. Repayment is limited to 10% of your current benefits. For example, if your current monthly benefits are $600, then your monthly repayment amount is $60.
4. There is no interest charged on overpayments. |
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| Q. | When must I request reconsideration or hearing? |
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| A. | See discussion of continued benefits. Otherwise, you have 60 days to file the required forms. |
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| Q. | What if I am late? |
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| A. | You must have a good reason to be late. |
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| Q. | What about overpayments? |
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| A. | You should appeal the overpayment if you were not overpaid. Even if you owe it, you can apply for waiver of repayment. |
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| Q. | What if I do not know if I was overpaid? |
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| A. | You should do both: appeal the overpayment and apply for waiver of repayment. |
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| Q. | What are the requirements for waiver of overpayment? |
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| A. | There are two requirements for repayment of an overpayment to be waived:
1. You were not at fault in causing the overpayment. For example, you reported new income, but you still received a check, and
2. You cannot afford to repay the overpayment. |
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