SSI Appeals

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Education for Justice

Last Updated

07/2024

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NOTE: SSA is still doing hearings by video or on the phone. They may give you an in person hearing if you ask.

This fact sheet talks about how to appeal a Social Security decision if your benefits are being reduced, denied, or cut off.

What happens if my Social Security is denied, reduced or cut off?

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 be at least 65 years old or 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.

Forms
You can get forms for free from the Social Security Administration. Call 1-800-772-1213 (TTY 1-800-325-0778).

You can also get the forms and submit your appeal online at www.ssa.gov/forms/. Type the number of the form you need in the search bar.

1ST STEP: RECON

The first step of an appeal is called “reconsideration.” We call it “recon.”

Get the following form from the Social Security office or online:
SSA-561 Request for Reconsideration

If you are appealing a denial of disability, you also need:
SSA-3441 Disability Report – Appeal
SSA-827 Authorization to Disclose Information to the Social Security Administration

To get the forms online go to www.ssa.gov and enter the form numbers into the search bar. Fill them out and mail or take them to your local Social Security office.

To file a denial of disability appeal online go to www.ssa.gov.

click on “Benefits”
under “Benefits” click on “Manage Benefits”
on the side panel click “Apply”
click the link that says “Request Reconsideration”
If you are appealing a decision that is non-medical, select the blue box that says, “Start a Non-Medical Request”
Click the box that says “Start Disability Request”

Social Security has to get your Request for Reconsideration form within 60 days from when you got the denial notice. The 60 days start the day after you get the denial notice. Social Security assumes you got the notice 5 days after the date on the notice.

If Social Security does not get your appeal papers by that date, your papers are late. If you do not have a good reason for them being late, you have to start all over with a new disability application.

If Social Security wants to cut off your benefits, you can keep getting SSI while you appeal. But Social Security has to get the Request for Reconsideration form within 15 days after you got their notice for this to happen. You have to ask for your benefits to continue. You still have a full 60 days to appeal the decision, but your SSI stops unless Social Security gets your appeal paper within 15 days.

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 re-opened, and ask for back benefits to that date.

You can do this yourself or get a lawyer. 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. Check the one you choose on the form.

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 won’t meet with the person who reviews your file.
To appeal overpayments, reductions, or termination of your benefits due to non-medical reasons, you can choose a formal or informal conference. A non-medical reason is something like:
- having too much income or resources,
- having your name on a bank account that is not yours, or
- being told you got benefits you shouldn’t have gotten.
  
  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 (called a “cessation” of your disability), you have a right to an in-person hearing. You get to meet with a hearing officer who reviews your file. This meeting is fairly informal and usually takes place at the state Disability Determination Services (DDS) office.

You can present witnesses. This is not your last chance at a hearing. If you lose the informal hearing at DDS, you have a right to a more formal hearing with an Administrative Law Judge (ALJ) later. You need to appeal the decision from the DDS hearing within 10 days to keep your benefits going while you wait for an ALJ hearing to be scheduled.

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. If you are dealing with a non-medical issue, you should gather bank statements, deeds, vehicle titles, and any other important information. You have a right to look at your file before the meeting.

2ND STEP: THE HEARING

If you lose the reconsideration, you can ask for a hearing with an Administrative Law Judge (ALJ). This is the most important step. Hearings might be in person, by video, or by phone.

To ask for a hearing, file the form HA-501 Request for Hearing by Administrative Law Judge with Social Security within 60 days of the date you got your reconsideration decision. The 60 days start the day after you get the reconsideration decision. Social Security assumes that you got the notice 5 days after the date on the decision.

You must file the form within 10 days to keep getting SSI while you appeal a termination of SSI.

Get the form from the Social Security office or online.

If you are appealing a denial of disability, you also need:
SSA-3441 Disability Report – Appeal
SSA-827 Authorization to Disclose Information to the Social Security Administration

To get the forms online go to www.ssa.gov and enter the form numbers into the search bar. Fill them out and mail or take them to your local Social Security office.

To file a denial of disability appeal online go to www.ssa.gov.

under “Benefits” click on “Manage Benefits”
on the side panel click “Apply”
click the link that says “Appeal a decision we made”
click the link that says “Request Hearing”
click the blue box that says “Start Disability Request”
If you are appealing a decision that is non-medical, then select the blue box that says, “Start a Non-Medical Request”

If you have new doctors’ reports or letters from employers or social workers about your ability to work, give them to OHO 5 business days before the hearing.

If you know the records exist, but you can’t get them in time, tell the judge 5 business days before the hearing that there are records you can’t get. The judge can let you submit the records after the hearing.

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

Try to get a lawyer or advocate. It is very helpful to have representation at the ALJ hearing. Call your local legal aid office.

3RD STEP: APPEALS COUNCIL

If you lose the hearing, you can ask for a review by the Appeals Council in Virginia. The appeal is not an in-person hearing. The Appeals Council does a paper review of your case.

You must file form HA-520 Request for Review of Decision/Order of Administrative Law Judge within 60 days of getting notice of the ALJ’s decision.

Get the form from Social Security or online.

To get the form online go to www.ssa.gov and enter “HA-520” into the search bar. Fill it out and mail or take it to your local social security office.

You can also appeal online. Go to www.ssa.gov.

click on “Benefits”
under “Benefits” click on “Manage Benefits”
on the side panel click “Apply”
click the link that says “Appeal a decision we made”
click the link that says “Request review of hearing decision”
click the blue box that says “Start Request”
click the next blue box that says “Start an Appeal”

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 gives you 25 days to submit your evidence after you file your appeal. You can also ask for more time.

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.