How to Fight A Termination of Supplemental Security Income (SSI) or Social Security Benefits based on Non-disability Reasons
by: Northwest Justice Project
Social Security must notify you in writing before reducing or stopping your benefits. You may fight the termination by asking for reconsideration. You may continue to receive the same benefits after the termination date in the notice if you request reconsideration in time. You must request reconsideration within 10 days of receiving the notice to keep getting benefits.
The notice must tell you why your benefits are being terminated and when the termination will happen and what to do if you don't agree.
May I appeal the termination?
Yes, by asking for reconsideration. To request reconsideration, fill out a Request for Reconsideration form from your Social Security Office or you may get one online at www.ssa.gov. You must make this request within 60 days of the date you received notice or you must have a good reason if you request reconsideration late. In order to keep getting the same benefits while the appeal is decided, you must request reconsideration within 10 days of the date of the notice.
You may review your file and give Social Security additional evidence. Do this as soon as possible. Contact your Social Security office to set up a time to look at your file. You may call the national toll-free number, 1-800-772-1213, to ask for your local SSA office number. Then, decide what information might help Social Security to change its decision and give that information to them. You may have a relative, friend or lawyer help you review your file or get additional evidence and/or represent you at your reconsideration conference.
If reconsideration is denied, you may ask for a hearing before an Administrative Law Judge (ALJ). You must request a hearing within 60 days of the date you received notice of the denial. If the benefit is SSI, and you want to continue to receive the benefits, you must request an ALJ Hearing within 10 days of receiving the reconsideration decision. You can file the hearing request at your local Social Security office or you can get the hearing request form online at www.ssa.gov. Fill it out and mail it to your local SSA office. (The form number is HA-501). The hearing will not take place until many months after the date of your request. The ALJ will notify you of the hearing date at least 20 days in advance. If you have additional evidence such as new medical records which show you are disabled you should submit it to the ALJ before or at the hearing.
You may have someone, such as a lawyer or experienced paralegal, represent you at the ALJ hearing or you can represent yourself. Generally, represented people are more successful at the hearings. If you would like a lawyer who does a lot of Social Security claims, refer to your yellow pages or contact your local bar association for a referral.
If you choose to represent yourself at your hearing, you should get a copy of your file as soon as possible. When you prepare for your hearing, make a list of things you want to tell the judge and a list of things you want your witnesses to tell the judge. Also, be sure and take any papers that you want the ALJ to have. The ALJ will make a written decision and mail it to you within a few months. If it is not favorable, it will tell you how to appeal it to the Appeals Council.
7400EN
This publication provides general information concerning your rights and responsibilities. It is not intended as a substitute for specific legal advice. This information is current as of the date of its printing, June 2008.
Information, Not Legal Advice. We are providing this information as a public service. We try to make it accurate as of the date noted in the materials. Sometimes the laws change. We cannot promise that this information is always up-to-date and correct. Most of the information provided on this web site is specific to Washington State law.
We do not intend this information to be legal advice. By providing this information, we are not acting as your lawyer. If you need legal advice, you should contact a lawyer through your local legal aid organization. Always talk to a competent lawyer, if you can, before taking legal action.
Permission for copying and distribution granted to the Alliance for Equal Justice and individuals for non-commercial use only.
Lawyer Advertising. This web site is not intended to be advertising or solicitation. The hiring of a lawyer is an important decision that should not be based on advertisements. Before hiring an attorney, you should investigate his or her reputation and qualifications.
Links. Some of the items listed here have not been prepared by us, but are instead "links" to information prepared and posted by others. We cannot guarantee the accuracy of information posted on other sites. The links are not intended to imply that we sponsor or are affiliated or associated with the persons who created those sites, nor are the links intended to imply that we are legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.
In an effort to improve this site, we would appreciate learning about your visit to Washington LawHelp. After browsing, please complete our User Survey.
Washington LawHelp is provided as a public service by the Northwest Justice Project in collaboration with other legal aid providers in the Alliance for Equal Justice and Washington courts.
