Reconsiderations and Appeals

Welfare & Institutions Code 13757(c), 20 Code of Federal Regulations 416.1540
Counties are required to file, or cause to be filed, a request for reconsideration with the Social Security Administration (SSA) when the foster youth’s Supplemental Security Income (SSI) application is denied. If the request is denied, then a subsequent appeal or request for a hearing with SSA must be filed. If an unfavorable hearing decision is received, an appeal with the SSA Appeals Council must be filed to request review of the hearing decision.
The Analyst must:

  • Gather and submit all required documents and relevant records to the Social Security Administration (SSA) in support of the initial application, request for reconsideration, and any subsequent appeal(s).
  • Sign on as the authorized representative and comply with federal regulations regarding the duties of a representative. 
  • Maintain prompt and timely communication with the claimant.
  • Reasonably inform the claimant of all matters concerning their representation.
  • Consult with the claimant on an ongoing basis during the entire representational period.
  • Promptly respond to the claimant’s requests for information.

The Analyst is not required to file a request for reconsideration or subsequent appeal if the necessary information or evidence to support the appeal is unavailable. The reason(s) for not filing the appeal must be documented in a CalSAWS Journal by the Analyst. The Social Worker or Probation Officer must also document the reasons in the youth’s case plan, in consultation with the youth and the youth’s child and family team (CFT). The Analyst must also notify the youth of any terminations, appeals, deadlines for appeals, and whether an appeal will be filed.

The Analyst follows the appeal process below:

  1. Files a Request for Reconsideration form (SSA-561-US) within 60 days from the receipt of the notice. If the termination of benefits is appealed within 10 days, the benefit will continue through the appeal process, up to and including the administrative hearing decision.
  2. When filing the SSA-561-US form, the “Information Conference” box must be checked. When the SSA-56A-US is completed, an Authorization to Disclose Information to the Social Security Administration form (SSA-827) and the Disability Report - Appeal (SSA-3441-BK) are included along with any additional information that will assist with the reconsideration.
  3. The SSA-561-US, along with the other documents, can be either faxed or mailed.
  4. SSA will acknowledge receipt of the appeal with a certified postcard signed by SSA.

Note: Appeals may be filed online at www.socialsecurity.gov/disability/appeal and system will generate an acknowledgment.

There is no formal time frame for the SSA to make a decision on an appeal. If the SSA-561-US is denied, the next step is to request a hearing before an Administrative Law Judge (ALJ. The Analyst must file a Request For Hearing By Administrative Law Judge form
(HA-501-US) within 60 days of the decision. It may take a year or more for the hearing to be scheduled. At this point, the Analyst must contact County Counsel to assist.

Related Topics

Social Security Administration Benefits