Reconsiderations and Appeals

When the SWC receives notification from SSA either denying or terminating benefits, and believes the notice is unwarranted the SWC may fill an appeal.

The appeal process is as follows:

1. File a “Request for Reconsideration” (SSA-561-US) within 60 days from the receipt of the notice. If it is a termination of benefits, and the recipient appeals is within 10 days, the benefit will continue through the appeal, up to an administrative hearing decision.
2. When filing the SSA-561-US the “Information Conference” box must be checked. When the SSA-56A-US is completed an “Authorization to Disclose Information to the Social Security Administration” (SSA-827), the “Disability Report - Appeal” (SSA-3441-BK) is included and 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 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 ALJ. The SWC must file a “Request For Hearing By Administrative Law Judge” (HA-501-US) this request also must be made within 60 days from the decision. It may take a year or more for the hearing to be scheduled. At this point, the SWC must contact county counsel to assist.

Related Topics

Social Security Administration Benefits