How to Appeal a Disapproved SSI Disability Claim in California

The Social Security Administration provides Supplemental Security Income to qualifying low-income elderly and disabled individuals. If you are denied SSI, you have the right to request an appeal.

Instructions

• 1

  Read the decision letter, and make note of the date on the letter. You must submit an appeal within 60 days of the date listed on the letter. The decision letter is mailed after SSA staff has made a determination regarding whether or not you are disabled and qualify for SSA benefits. A letter will be received if you are approved or denied benefits.

• 2

  Contact SSA (800-772-1213) or use the online office locator (see Resources) to discover the location of the nearest SSA office in California. California has approximately 80 SSA offices throughout the state.

• 3

  Go to your local SSA office to request an appeal of your SSI denial. You will need your Social Security number and a state-, federally-, or military-issued photo identification card to establish identity. If you are unable to go to your local SSA office, contact SSA via phone to obtain instructions for filing an appeal via mail or, if allowed for your specific case, online.

• 4

  Consider hiring a disability attorney to represent you during the appeal process if you are denied SSI after your initial application is reviewed. Contact SSA if you are unsure of where to locate a disability attorney in California. Disability attorneys do not typically charge an up-front fee and are only allowed to charge up to 25 percent of your back payment amount or $6,000, whichever amount is less, according to the SSA.

• 5

  Attend a hearing with an administrative law judge. Notice of this hearing will be sent by SSA after you submit your appeal letter. This hearing requires that you either to go to a regional SSA office or if you are unable to go to the regional SSA office due to medical problems that prevent you from traveling, you may be able to attend via teleconference. If you are denied benefits after this hearing, submit an appeal letter within 60 days of notice of your denial.

• 6

  Gather further medical evidence and other records and submit it to the Social Security Disability Determination Services office as instructed on your appeal letter. Submit this information as soon as possible after you submit the appeal letter. An ALJ other than the one that conducted your previous hearing will review the case and issue a decision. You will not be able to attend a hearing during this appeal. If you are denied benefits after this appeal, proceed to Step 7.

• 7

  Hire an attorney if you have not already hired one. You will be required to have legal representation during this step. Ask your attorney to file a civil case in federal court against SSA. You will be required to go to a hearing in a federal court and present testimony and evidence regarding why SSA made the wrong decision regarding your disability. The determination made by the federal judge is the final decision. You cannot appeal after this step.