When you apply for Supplemental Security Income (SSI) benefits, you begin an administrative process that the Social Security Administration (SSA) manages. The SSA reviews applications and makes determinations that affect whether benefits are awarded and in what amount.
If you receive an unfavorable determination, you can turn to a Kansas City SSI appeals lawyer for help. An experienced SSI attorney can help you file an appeal of an SSA determination and escalate it more than once if necessary.
After SSA receives your application, it will make several determinations, which you can appeal if they go against what you believe to be true. Initial determinations can include whether you are eligible for benefits and the amount of benefits to be paid, among other legal and factual issues.
If you have already received benefits and have maintained eligibility, SSA may make an initial determination stating that you were overpaid at some point and that you may need to repay a portion of your benefits. Initial determinations are generally appealable if you follow SSA’s rules for disputing their findings.
For example, you might appeal the SSA’s determination that you do not meet the eligibility requirements for SSI benefits, such as having too many resources, or that you do not have a qualifying disability. You can also challenge an initial determination that awards too low a benefit amount, especially if your situation justifies a higher monthly payment.
Knowing whether you should appeal and how to do so is where your attorney can play a pivotal role. By discussing your claim with one of our Kansas City lawyers, you can start the process for an SSI appeal quickly after receiving an unfavorable determination.
An appeal of an initial determination by the SSA can take on several forms, each escalating within the agency. Your appeal can even rise to the level of a federal court after you exhaust the SSA’s appeals structure.
The first kind of appeal is a request for reconsideration, in which you write to the SSA and ask for the initial determination to be reviewed. You can submit a request online or by mail, but you must do so within 60 days of receiving the initial determination. Certain requests must be filed within 10 days to preserve benefits that are being changed by the determination.
If the SSA denies your reconsideration request, you can request a hearing before an administrative law judge (ALJ) within the agency. Your hearing request must be submitted within 60 days. The hearing may include experts and witnesses called to testify, and you and your attorney can present evidence to show the agency made a mistake.
If the ALJ does not rule in your favor, you can then appeal to the SSA’s Appeals Council, the final level of review within the agency. The Appeals Council accepts appeals within 60 days of an ALJ’s decision, and you may be able to bring in new evidence if relevant.
Finally, your attorney can file an action in federal district court requesting a review of an unfavorable decision by the Appeals Council. The U.S. District Court for the Western District of Missouri, located in Kansas City, or the U.S. District Court for the District of Kansas, can review the agency’s determination, and your SSI appeals attorney can demonstrate how and why you should receive a better decision.
You have only 60 days to appeal an SSA initial determination, with the same deadline applying to each stage of the appeals process. A Kansas City SSI appeals lawyer from BurnettDriskill can review your claim and help you get started quickly. Contact us for a free consultation as soon as possible to protect your benefits.
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