The appeals process allows you to request a review of decisions made by the Social Security Administration (SSA) regarding your eligibility for Supplemental Security Income (SSI) or changes to your benefit amount. When you appeal, the SSA will reexamine the entire decision, including any aspects that may have been in your favor.
To appeal SSA determinations and decisions, there are established procedures in place. The levels of appeal are as follows:
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Reconsideration: This involves a review by an individual who was not involved in the initial determination. They will reassess your case and make a new decision.
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Hearing by an administrative law judge: If you disagree with the reconsideration decision, you can request a hearing before an administrative law judge. The judge will review your case and make an independent decision.
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Appeals Council Review: If you are dissatisfied with the administrative law judge's decision, you can request a review by the SSA's Appeals Council. The Appeals Council will evaluate the decision and determine whether further action is warranted.
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Federal Court: If you are not satisfied with the Appeals Council's decision or if you choose to bypass the previous levels of appeal, you have the option to file a lawsuit in a federal district court.
The decisions that you can appeal, referred to as "initial determinations," include decisions about your eligibility for SSI, the amount of your SSI payment, and any overpayments that may need to be repaid.
After filing an application for SSI, you will receive a written initial determination from the SSA. Each subsequent determination made regarding your eligibility or payment amount will also be considered an initial determination.
To initiate an appeal, you must submit a written request within 60 days of receiving the notice of the initial determination. The notice will provide instructions on how to appeal and inform you if you are entitled to continued benefits during the appeal process.
Last Reviewed: July 6, 2023