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Understand Social Security’s Decision
Social Security usually takes three to four months to look over your application and decide if you should get Supplemental Security Income (SSI) benefits. Once they decide, they send you an award letter or a denial letter.
These letters can be confusing. If you have questions, call Social Security at 1-800-772-1213 or 1-800-325-0778 (TTY) or contact Disability Rights New Jersey (DRNJ).
If you disagree with Social Security’s decision, you can file an appeal.
Understanding an Award Letter
An award letter tells you:
- How much you’ll get in SSI benefits each month
- When the benefits will be paid
- How much you’ll get in retroactive (past) benefits, based on the date you applied for SSI
- When Social Security will review your medical condition again — usually three to seven years after you start getting benefits
After you get your award letter, your SSI benefits go into your bank account automatically each month. If you don’t have a bank account, you can have your SSI benefits put onto a Direct Express debit card that you can use to pay for things.
Understanding a Denial Letter
A denial letter tells you why your SSI application was turned down. The most common reasons are:
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Social Security didn't have enough evidence to show that your condition keeps you from working.
- If the letter says your doctor, psychiatrist, or school did not send records they were supposed to send, you can get these reports and submit them yourself when you file an appeal.
- You have more countable resources than the $2,000 limit ($3,000 for couples).
- Your total countable income is too high for you to qualify for SSI.
- You have more earned income than the Substantial Gainful Activity level of $1,550 per month.
Note: When you apply for SSI, Social Security will also check to see if you qualify for Social Security Disability Insurance (SSDI). If you get an SSDI denial letter, it doesn't mean you’ve been turned down for SSI benefits. Read the letter carefully — an actual SSI denial letter says “Supplemental Security Income” at the top.
Filing an Appeal
If you feel that Social Security’s decision is incorrect, you can file an appeal:
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File your appeal quickly. After you get a denial letter, you have 60 days to file an appeal. If you don’t appeal within 60 days, you may not be able to appeal.
- If you were already getting SSI and are appealing a change in your benefits amount or an overpayment notice, appeal within 10 days. If you do, you might keep getting your original SSI benefits amount until Social Security decides on your appeal.
- Note: Social Security figures that you get a letter within five days after they sent it.
- You can file your appeal online or call Social Security at 1-800-772-1213 or 1-800-325-0778 (TTY) and ask them to send you an SSI appeal form. If you file online, you need to mail or deliver any new information about your situation to Social Security.
- You have the right to have a lawyer or other qualified person (familiar with you and with the SSI program) represent you during the appeal process. You can choose to do it yourself, but if you get help, you may be more likely to win your appeal.
Note: If your SSI application is denied and you disagree with the decision, file an appeal. Do not just fill out the application forms again — that would be refiling. If you appeal and win, your benefits will be paid back to the date you first applied. If you refile, any benefits you get will be based on your new application date and you will not get any past benefits you might have gotten.
There are four levels to the appeal process. If you do not agree with the result at each level, you can appeal to the next. The four levels are:
- Reconsideration: A person at Social Security who wasn’t involved in the first decision looks at your application. This is a written appeal, so you don’t have to go in front of a judge. Give Social Security any new information you have about your case.
- Hearing: If the reconsideration is denied, you can ask for a hearing before an Administrative Law Judge. You can bring witnesses to help make your case. Consider having an attorney or representative help you.
- Appeals Council: Social Security’s Appeals Council reviews your case if you appeal the Administrative Law Judge’s decision. The Appeals Council can accept the judge’s decision, decide the case for itself, or send it back to a different Administrative Law Judge for another hearing.
- Federal Court: If the Appeals Council decides against you, you can file a lawsuit in federal court.
For any level beyond the reconsideration, you may want to get help from a lawyer. Contact Disability Rights New Jersey (DRNJ) for help with appeals.
Learn more
What Benefits Do I Get?
How to see which Social Security benefits you get.
Social Security Disability Insurance (SSDI)
SSDI helps people with disabilities who worked and paid Social Security taxes.
Benefits and Work Estimator
Got a work plan? See how it would help your situation.
Get Expert Help
SSI and SSDI
1-800-772-1213
How Work Affects SSI and SSDI:
- Contact a Work Incentives Planning and Assistance (WIPA) counselor
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Call the Ticket to Work Help Line
1-866-968-7842
Medicaid
- Contact your county social services agency
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Call the New Jersey FamilyCare/Medicaid Call Center
1-800-356-1561
Medicare
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Call Medicare
1-800-633-4227 -
Call the State Health Insurance Assistance Program (SHIP)
1-800-792-8820
Work Preparation
- Contact your Division of Vocational Rehabilitation Services (DVRS) office
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Call the Commission for the Blind and Visually Impaired (CBVI)
1-877-685-8878 -
Call the Division of the Deaf and Hard of Hearing (DDHH)
1-800-792-8339 (Voice/TTY) - Contact your local One-Stop Career Center
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