How do I file an SSI disability appeal when my claim has been denied or my payment limited?

By / March 3, 2016 / SSI Benefits / 9 Comments

Learn how to file an SSI Disability appeal or an appeal on an adverse SSI financial decision. Find out how to get payments while your appeal is processed.

Filing an SSI Appeal
Most of the rules for filing an SSI disability appeal or an appeal on SSI non-disability factors of eligibility are the same as for Social Security Disability. Our article I Was Denied Social Security Disability. What Can I Do? and the companion articles linked to it provide an overview and detailed descriptions of the three levels of appeal within the Social Security system: reconsideration, hearing, and Appeals Council review.

SSI Reconsideration Options
If you are appealing an unfavorable SSI decision, you may choose a case review; an informal conference; and, in some cases, a formal conference as part of the reconsideration review. In a case review, individuals not involved in the original decision review all of the information you and others have submitted and make a decision. If you request a informal review, you can meet with the appeal reviewers to present your case and call witnesses. A formal conference also allows you to subpoena adverse witnesses for cross-examination. A formal conference applies when you are appealing the termination, suspension, or reduction of your SSI benefits.

It is usually advisable to hire an attorney well-versed in SSI and Social Security law when you file a reconsideration, and it is an especially good idea to seek legal representation if you plan to request an informal or formal conference as part of the appeal. Similarly, if you file an SSI Disability hearing request, it improves your chances of approval to have an experienced disability lawyer to help you present your case. To see how you can afford legal representation, see our article How Do Social Security Disability Attorneys Get Paid for Representing You in Your Disability Claim?

Getting Your SSI Appeal Started
You can obtain the appeal forms from a local Social Security office. You can also find the correct SSI appeal form and the accompanying Appeal Disability Report online at www.socialsecurity.gov. You can either complete and submit the SSI Disability appeal online, or you can print the forms to complete and mail or deliver them to your local Social Security office.

How do I file an SSI disability appeal when my claim has been denied or my payment limited?
Rate this post

  • Dear Raven,

    It is correct that people who qualify for ongoing SSI either are not insured for Social Security Disability (SSD) or have limited work history and get a small SSDI payment. Even for people whose SSDI is too high for SSI may receive SSI benefits until the SSDI actually starts.

    Sincerely,
    Kay

  • Dear Raven,

    Because the medical requirements are the same for Social Security Disability and SSI, almost always if one is denied so is the other. The only way that your Social Security could be approved is for a closed (limited) period of disability that ended before you filed your SSI claim.

    Sincerely,
    Kay

  • Patty Bringas

    My ex husband was approved on an appeal. A SS Rep called me and told me that my kids are eligible for this money as well, but I have not heard from anyone for over a month. How long should it take to get some feed back?

    • Kay Derochie

      Dear Patty,

      If you provided everything requested for the children’s application, then it is pending in the payment center, where it can take a couple months or more to be paid. Usually the children are paid after the disabled worker, so you might check with the children’s father to see if his claim has been paid.

      Sincerely,
      Kay

  • Brandi Hecht

    I was approved a year ago, and as i had my appointment after a year, and nithing changed my money rrcieved was reduced drastically. They are saying that the child support that i have recieved for 5 years now, they had no idea of. I am a single mother of 3. I dont receive the child support ordered regularly and i had to fax proof of it prior to bejng approved. I dont know what to do. They knew about the child support order!

    • Kay Derochie

      Dear Brandi,

      The child support should be counted as your children’s income, not yours. The reference you can cite is Social Security’s POMS (procedural manual) SI 00830.420 Child-Support Payments, Part B.

      Sincerely,
      Kay

  • quinton brown

    hello im 16 years old i no longer stay with my cousin any more because i believe that she is misusing my check how can i get a new payee o put my self as a payee if i dont no longer live with her

    • Kay Derochie

      Dear Quinton,

      Go to a local Social Security office with an adult who can serve as your payee and have that person apply to be your payee.

      Sincerely,
      Kay

  • Kelly

    I filed an appeal after the judges decision I believe I should hear back this month or next, but I was told in the paperwork to just write a statement about why the decision was unfair. how do I find out if it was actually filed????

Read It To Me
Listen to the article with our text to speech feature
Ask the Adivsor
Click for the BBB Business Review of this Online Publications in Orlando FL

Send this to a friend