I believe my SSI was wrongly denied or stopped. How do I appeal?

Many people who apply for SSI are denied at first, but then get benefits once they appeal. Considering the small odds of getting approved on the first try, be prepared to get denied and to go through the appeals process.[1766] NOTE: The rules and procedures for appealing SSI decisions are the same as for SSDI (described on PG. 486).

If Social Security decides to deny your SSI application, it must mail you a notice of this decision.

    You have a right to appeal. To do so, you must file a Request for Reconsideration within 60 days after the date you got the notice.[1767] You can send it by mail, but it’s best to file it in person at a local Social Security office. This way you get a copy with a time-and-date stamp, which proves that you appealed on time.[1768]
    If you miss the 60-day deadline due to factors beyond your control, like illness or hospitalization, file a request for a “good cause exception” to the deadline along with your Request for Reconsideration.[1769]

If Social Security then decides to deny your Request for Reconsideration, it must mail you a notice of this decision.

    Again, you have a right to appeal. To do so, you must file a Request for an Administrative Law Judge Hearing within 60 days after the date you got the notice.[1770]

If you can’t afford a lawyer to help with your appeal, you may be able to find free help by contacting a local legal services program, a local bar association referral services, or a local Protection & Advocacy organization.[1771]

  1. 1766

    Your Right to Representation (2011), Prison Law Office, http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf ↑

  2. 1767

    20 C.F.R. § 416.1409 ↑

  3. 1768

    Your Right to Representation (2011), Prison Law Office, http://www.prisonlaw.com/pdfs/BenefitsLetter,Aug2011.pdf ↑

  4. 1769

    20 C.F.R. §§ 404.911(a), 416.1411(a) ↑

  5. 1770

    20 C.F.R. § 416.1433 ↑

  6. 1771

    Arrested? What Happens to Your Benefits?, Bazelon Center, http://www.kitsaPGov.com/pubdef/Forms/LinkClick.Benefits.pdf ↑