SOCIAL SECURITY: SSD/SSI - APPEALS, RECONSIDERATIONS, HEARINGS

If SSA denies your application for benefits, or decides that you are no longer eligible for benefits, or that the amount of your payments should be changed, you will receive a letter explaining their decision. If you don't agree with the decision, you can ask them to consider your case again.

WHEN AND HOW CAN I APPEAL?

If your initial application is denied, you have 60 days to file a Request for Reconsideration. You can file your appeal with your local Social Security office or on the SSA website (http://www.socialsecurity.gov/disability/appeals). While the Federal Reviewing Official is reviewing your claim, you can submit additional evidence. There is no time limit, but the sooner you provide documentation the sooner your case can be decided. If your claim is denied again, you can ask for a hearing before an Administrative Law Judge. If you disagree with the hearing decision, you may ask for a review by the Social Security's Appeal Council. If you disagree with the Appeals Council's decision or if the Appeals Council decides not to review your case, you may file a lawsuit in a federal district court.

CAN SOMEONE HELP ME FILE AN APPEAL?

Many people handle their own Social Security appeals with free help from SSA. You can also choose a lawyer, a friend, or someone else to help you. Your representative can act for you in most Social Security matters and will receive a copy of any decisions made about your claim. Your representative cannot charge or collect a fee from you without first getting written approval from Social Security.

The Legal Assistance Resource Center of CT (LARCC) suggests that you contact a lawyer or call Statewide Legal Services as soon as you ask for a hearing or case review. LARCC says that your chances of winning an appeal are much better if you have a lawyer or advocate. Legal services lawyers know the rules and regulations and can help you get all the medical and other evidence you need to help win your appeal.

WILL MY BENEFITS CONTINUE WHILE MY CASE IS BEING APPEALED?

In some cases, you may ask SSA to continue paying benefits while a decision is being made on your appeal. You can ask for this continuation of benefits when:

• you are appealing a decision that you are no longer eligible for Social Security disability benefits because your condition is not disabling; or
• you are appealing a decision that you are no longer eligible for SSI payments or that your SSI payment should be reduced or suspended.

If you want your benefits to continue, you must tell SSA within 10 days of the date you receive the letter. If your appeal is turned down, you may have to pay back any money you weren't eligible to receive.

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SOURCES: Legal Assistance Resource Center of CT: "Are You Disabled and Unable to Work?" pamphlet, http://www.larcc.org/pamphlets/benefits_work/ssd_ssi.htm; Social Security Administration: "The Appeals Process," http://www.socialsecurity.gov/pubs/10041.html.
PREPARED BY: 211/rj
CONTENT LAST REVIEWED: January2012