What happens if you are denied social security disability benefits

How We Can Help

CLS represents people with disabilities who have legal problems obtaining or keeping SSI benefits.

The Social Security Administration (SSA) sometimes makes mistakes in turning people down for SSI benefits.  If you have been wrongfully denied, you should appeal right away – even before trying to get a lawyer.  CLS may be able to represent you if you have been wrongfully denied SSI benefits. 

Important: If you are currently receiving SSI benefits and you receive a notice saying that your benefits will be reduced or cut off, do not wait to file an appeal.  You should appeal immediately.  You must appeal within 10 days of the decision so that you can keep getting benefits while the SSA makes a decision in your case.  If your benefits have been denied or cut off and you have a hearing scheduled, we are usually unable to take the case if the hearing is scheduled in less than 60 days. 

What to Bring

Please gather the following before you call or visit CLS, if possible:

  • Your address and phone numbers
  • Names and contact information for any doctors you are seeing
  • Names and contact information for any therapists, specialists, or other medical professionals you are seeing
  • Names of any hospitals where you have received treatment
  • Names of any medications you are taking and what they are for
  • Names and contact information of any case manager who is assisting you
  • Names and contact information for any schools you attended if you are a child or young adult.

Where To Get Help

  • WALK IN INTAKE

Community Legal Services 

Center City Office
1424 Chestnut St.
Philadelphia PA 19102

Mondays and Wednesdays 9am-12pm

North Philadelphia Office
1410 W. Erie Ave (Broad and Erie)
Philadelphia PA 19140

Mondays and Wednesdays 8:30am-11:30am

  • PHONE INTAKE

Community Legal Services
215-981-3700

Tuesdays, Thursdays and Fridays 9am-12pm

About SSI

There are several types of Social Security benefits, including Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI), which provide income to  people with disabilities, including children.

SSI is a monthly cash payment for people in need.  SSI is for people who are 65 years old or older and people with serious disabilities of any age, including children.  SSI is for people without much work history.  To qualify for SSI, you must also have little or no income and few resources, or assets.

For more information, please see the fact sheets at the bottom of this page.

Additional Resources

If you are denied Social Security Disability (SSD) or Supplemental Security Income (SSI) from the Social Security Administration (SSA) it is important that you appeal. You have only 60 days from the day you were denied to appeal the decision. If you have missed the 60 dates to appeal see the attached instructions.
 

If you are denied, you should call 1-800-772-1213 right away to appeal. If you prefer, you can go to your local Social Security office to appeal.
 

In order to complete your appeal for SSD/SSI benefits, you need to complete all the following paperwork and return the paperwork to Social Security right away. Social Security will give you:
 

  • SSA-561 “Request for Reconsideration”

  • SSA-827 “Authorization to Release Information to Social Security”

  • SSA-3441 “Disability Report-Appeal”
     

If you are having a hard time completing the forms on your own, you can go to your Social Security Office for assistance. A Social Security worker can help you complete the forms.

When you appeal the Social Security denial of your application, you are Requesting Reconsideration. Once you have given Social Security all of the necessary paperwork listed above, Social Security will send your appeal to Disability Determination Services (DDS) in Raleigh, NC. A DDS worker will look at your SSD/SSI application again and decide if your request for benefits should be approved or denied. You can call 1-888-422-4394 to check on the status of your Request for Reconsideration.
 

If your Request for Reconsideration is denied, you need to appeal again. You have 60 days to appeal once your Request for Reconsideration is denied. Again, you can call Social Security at 1-800-772-1213 to appeal, or you can go to your local Social Security Office. You will need to fill out additional paperwork to complete this next appeal. Again, if you are having difficulty, a Social Security worker can help you complete the forms.
 

This next stage of appeal is called Request for Administrative Law Judge Hearing. It will probably take between 16 and 20 months before you have your ALJ hearing. You should contact a private attorney to assist you with your ALJ request.
 

It is important that you appeal your Social Security denial on time. If you don’t, you will have to start the entire process over again in order to apply for SSD/SSI benefits. Also, if you receive Medicaid because you have a disability, you have to appeal your denial for SSD/SSI benefits. If you do not appeal your denial, you will lose benefits from Medicaid.

You may also want to see Benefits: Denied SSD or SSI Benefits and missed the Deadline to Appeal

To find other Legal Aid of North Carolina materials, including any materials mentioned in this document, go to lawhelpNC.org. If you need legal help please go to legalaidnc.org/.

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