Education for Justice                  FACT SHEET G-11                       Fall 2009

 

SSI APPEALS

 

Social Security has to send you a written notice to deny your application, cut you off or lower your SSI.  To get SSI, you must show that you have a long-lasting disability that keeps you from working.  It can be mental or physical.  You have the right to appeal an SSI decision if you think it’s wrong.  The first step of an appeal is called “reconsideration.”  We will call this “recon”.

 

 

1ST STEP:  RECON

·        Get the form “Request for Reconsideration” from the Social Security Office.  Fill it out and send it to Social Security.

·        Social Security must get your request within 60 days from when you got the denial notice from them.  If your papers are late, you have to give a good reason, or they make you start all over with a new application.

·        If Social Security wants to cut off your benefits, you can keep getting SSI while you appeal. But you have to send the request within 10 days of getting the notice.

·        If you don’t appeal, you lose your right to appeal.  But, if you apply again within a certain time, you can ask that the first decision be opened, and ask for back benefits to that date.

 

You can do this yourself or get an attorney.  Call your legal aid office.

 

There are 3 kinds of recon:  case review, informal conference, and formal hearing.  Choose the one that works best for your situation.

 

  • To appeal denial of an application for disability benefits, a case review is your only choice.  In a case review, you can add more evidence and facts to your file.  You don’t meet with the person who reviews your file.

 

  • To appeal overpayments, you can get an informal conference.  You get to meet with the person who decides your appeal.  The meeting is usually at the Social Security office.

 

  • To appeal a decision to cut off your benefits, you can choose a formal conference.  You get to meet with a hearing officer who reviews your file.  This meeting usually takes place at the state Disability Determination Services (DDS) office.

 

Be ready for your meeting.  Write out a statement of the facts, including any new evidence.  Tell Social Security about any new doctors, hospital stays, or medical treatments.

 

 

2ND STEP:  THE HEARING

If you lose the recon, you can ask for a hearing with an administrative law judge (ALJ).  This is the most important step.  Try to get a lawyer or advocate.  To ask for a hearing, file a “Request for Hearing” form with Social Security within 60 days of the date on your recon decision.  You must file it within 10 days to keep getting SSI while you appeal a termination.

 

  • Prepare for your hearing!  Look at your social security file.  It has your medical records, statements and forms filled out by you or Social Security.  The file is at the Office of Hearings and Appeals.  You can call the Hearings office at (612) 348-1230 to set up a time to go see your file.

 

  • If any of the papers in your file are wrong, or need to be explained, be ready to do this at your hearing.

 

  • If you have new doctors’ reports or letters from employers or social workers about your ability to work, give them to the Hearing Office before the hearing.

 

  • You can take someone with you to the hearing to testify, or just to support you.

 

The hearing is recorded.  The judge will look at all the evidence and testimony and will mail the decision to you after the hearing.  Make sure the Office of Hearings and Appeals has your mailing address.

 

 

3RD STEP:  APPEALS COUNCIL

If you lose the hearing, you can ask for a review by the Appeals Council in Virginia.

 

·        You must file a “Request for Review of Hearing Decision” within 60 days of getting notice of the ALJ’s decision.  Get the form from Social Security.

·        Put in any new reports or evidence you have, but don’t put off filing the request because you can’t get the evidence together.  File first if you have to, then send the new evidence as soon as you can.

·        The Appeals Council reviews the recording of the hearing and the papers in your file plus any new written evidence that you send.  They can send the case back for another hearing, deny your appeal, or overrule the ALJ and find you eligible.

 

 

4TH STEP:  COURT

If the Appeals Council rules against you, you can appeal to federal court.  You can get the paperwork for this appeal at the federal courthouse.  There are federal courthouses in Minneapolis and St. Paul.  You should have an attorney help you at this step.

 

Minneapolis Legal Aid – CLE

MN Legal Services Coalition

2324 University Avenue W. – Suite 101B

St. Paul, MN 55114

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