HOW CAN I HANDLE A PROBLEM WITH SOCIAL SECURITY, SSI OR SSDI?
The Social Security Administration must mail you a notice of any changes in your benefits. If you disagree with the proposed action, request a “Reconsideration” immediately by going to the Social Security office and filling out a “Request for Reconsideration” form . Make sure that you get a copy of the form stamped by Social Security with the date it was filed. The form is also available online at www.ssa.gov.
If you request a Reconsideration within the time period given on the notice (usually 10 days), your benefits can continue unchanged until you receive a decision. If they paid you too much, and they want to take money out of your check, you can request a waiver if it wasn’t your fault and if it would be hard for you to pay the money back. Ask Social Security for the waiver form.
In SSDI cases, you must fill out a separate form asking for your aid to continue. This is called “payment continuation.” If you miss the deadline given in the notice, the aid will be cut or reduced, but you still have 60 days from the date you received the notice to request a Reconsideration. After 60 days, if you have “Good Cause” for missing the deadline, you may be allowed to file a Reconsideration. If you win the Reconsideration, your lost benefits will be paid back to you.
There are three types of Reconsideration: case review, informal, or formal conference. However, if your application for SSDI or SSI is denied for medical reasons, you can usually only get a case review.
If your reconsideration or waiver is denied, you may request a hearing before an Administrative Law Judge (ALJ) with the Office of Disability Adjudication and Review (ODAR). At the hearing you may appear in person, submit new evidence, examine the evidence used in making the determination or decision under review, and present and question witnesses. The ALJ who holds the hearing may ask you questions. He or she will write a decision based on the hearing record. If you waive your right to appear at the hearing, the ALJ will make a decision based on the evidence that is already in the file.
When you are receiving SSI or SSDI and then start working, your benefits could be cut if you are working and earning too much. (This is known as “Substantial Gainful Activity” or “SGA”). 10 days after you get the tentative notice, a notice that your payments will stop will be sent to you. Request a reconsideration immediately. To protect yourself, it is best to make a new application at the same time you request a Reconsideration.
If you are considering going back to work, know your rights. Call Protection and Advocacy Services at (800) 776-5746 and ask for their booklet, “Disability and Work.”