Social Security: SSD/SSI – Appeals, Reconsiderations, Hearings

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11/2024: Social Security Administration is implementing appointment-based services nationwide in two phases. The first phase is a transition period now through January 5, 2025. The purpose of this transition period is to educate customers about needing to schedule an appointment for SSA services. As a reminder, many of SSA services can be provided via phone with an appointment and do not require a customer to walk into an office for service.

Effective January 6, 2025, SSA will highly recommend customers to schedule an appointment for service in field offices, including requests for Social Security cards. SSA encourages customers to become accustomed to our:

**Walk-ins to local offices will not be turned away for service who are unable to make an appointment or do not want to make an appointment. Some SSA offices also have minimal to no wait times, and they will still serve customers who walk in.

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6/2024 -Note: The Social Security Administration (SSA) has issued a scam alert following recent reports of fraudulent activities. Claims of a $600 payment increase in June are FALSE; no Cost-of-Living Adjustment (COLA) will occur until January 2025. Additionally, be aware of scammers impersonating SSA Office of the Inspector General (OIG) agents who request in-person cash handoffs. Never give cash to anyone claiming to be an SSA OIG agent.

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Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are administered by the Social Security Administration (SSA). If you are blind or disabled or over 65 years old, you may be eligible for one or both of these programs. Applications are submitted through your local Social Security office. Many applications are denied at first.

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). A reconsideration is a complete review of your claim by someone else who did not take part in the first decision. 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.

Contacting a lawyer or calling a legal service group as soon as you ask for a hearing or case review helps your chance of winning an appeal, 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:

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: Social Security Administration
PREPARED BY: 211/jm
CONTENT LAST REVIEWED: August2024