SSI Claims Process

Application and the Five Step Appeals Process

Initial Application
Reconsideration
Administrative Law Judge Hearing
Appeals Council Review
Federal Court Review
United States District Court

Initial Application

In the Initial Application stage an application can be completed with the Social Security Administration in the following ways:

Telephone Interview
Face to Face interview
Online application

All initial applications for SSI and SSDI:

Must have work history for the past 15 years.
May have medical & psychological records.

The time period from application to decision is approximately 180 days.

If the client is approved for IAR refer to Interim Assistance Overview for processing information.
If approved, benefits are paid.
If denied, appeal must be filed within 60 days of the denial date.

Note: The burden of proof is on the claimant to provide their medical records.

Reconsideration of Denial

The Reconsideration stage is completed by the SSI Advocacy Social Worker or at the SSA Office by:

Completing the Disability Report/Appeals form online, or
Manually completing and submitting the form to the SSA office.
Submitting any new medical or psychological information. Refer to Case Development and Maintenance.

The time period from application to decision is approximately 180 days:

If the client is approved for IAR refer to Interim Assistance Overview for processing information.
If approved, benefits are paid.
If denied, must file another appeal within 60 days of the denial date.

Process for Administrative Law Judge Hearing

At this point the case is referred to an attorney. The SSI Advocate may facilitate working with the attorney by completing the:

Paperwork with the attorney or at the SSA office.
Request for Hearing by Administrative Law Judge (HA-501) form.
Disability Report - Appeal (SSA-3441) form.

Reminder: The SSA-3441 form may be completed online or manually.

The SSI Advocate may further assist by:

Gathering all the claimant’s current medical and psychological information.
Requesting a decision from SSA prior to going to hearing. This is a formal request which documents the claimant’s disability as it relates to medical evidence/severity of impairment, past work, education and ability to perform other work.

Note: The claim can be approved or denied at this point without a formal hearing.

The time period from the time of appeal to the decision is approximately 6-9 months:

If the client is approved for IAR refer to Interim Assistance Overview for processing information.
If approved, benefits are paid.
If denied, the attorney must file an appeal within 60 days of the date of denial. (At this stage the claimant might be asked to file a new SSI claim)

Reminder: MUST file legal brief on Record.

Appeals Process

Appeals Council - This stage is completed by the assigned attorney with legal briefs. The SSI Advocate can help with the gathering of information. Time from appeal to decision can be up to 3 years.

United States District Court - This stage is completed by the assigned attorney with legal briefs. SSI advocates can help with gathering of information. The time period from appeal to decision can be up to 3 years.

United States Court of Appeals - This stage is completed by the assigned attorney with legal briefs. SSI advocated can help with the gathering of information. The time period from appeal to decision can be up to 3 years.