Social Security: If You Are Denied Benefits or Benefits Are Terminated or Reduced

This page outlines what you can do if the Social Security Administration (SSA) makes a decision you disagree with. It also gives you an overview of the appeals process.

You can appeal almost any decision by SSA

If SSA says you are not disabled you can appeal. If SSA says that your condition has improved and you are no longer disabled, you can appeal. If SSA says you have been overpaid, you can appeal. (There are special opportunities with overpayments so be sure to review How to Handle Social Security Overpayments after you look at this page.)

Appeal within 10 days for continuing benefits

If SSA says it is going to terminate or reduce your benefits it is very important to appeal within 10 days (plus 5 days for the time it took the notice to get to you) so you can keep your benefits during the appeal process. There are some exceptions for this deadline, but not many.

You can represent yourself

You can represent yourself or you can have a lawyer or someone you trust represent you. Legal Services Vermont will provide advice in most types of appeals. In certain cases, Vermont Legal Aid might represent you. Contact us for help. Fill out our form and we will call you back.

Tips:

Keep every notice you get from Social Security.
Keep a copy of everything you send to Social Security.
If you contact Social Security, write down the date and the person you talk with.
SSA usually assumes you get mail within five days of the date on the notice, but we recommend that you appeal immediately. Make a note of when you received the notice and when you appealed.

Appeal process

If you are not worried about continuing benefits and the 10-day limit discussed above, you have more time to file an appeal. You must ask for an appeal in writing within 60 days (plus 5 days) from the date of notice. Sometimes you can get an extension of time to appeal if you have good cause to be late, but this is difficult to do. The five extra days are for the time it took the notice to get to you.

There are four levels in the appeals process.

1. Reconsideration

Reconsideraton is the first level. A reconsideration is a complete review of the claim by someone other than the person who made the original decision. You can submit new evidence. Someone will look at all of the evidence and make a new decision.

Follow the steps and watch videos in our Roadmap about Appealing a Social Security Denial for the First Time. It tells you what to do for a Reconsideration appeal.

2. ALJ Hearing

If you don't get the decision you want, the next level of appeal is a hearing with an Administrative Law Judge. It is a good idea to try to find a lawyer or someone you trust to help you with this hearing. This is your last chance to submit evidence to support your case. You and your representative can go to the hearing and you can tell the judge why you should get benefits. The Administrative Law Judge will look at the evidence and make a new decision. The new decision will be sent to you. It should be sent to your representative too, but call to be sure that happened. It may take several months for you to get the decision. If you disagree with the decision, you can go to the next level of appeal which is the Appeals Council. You cannot submit new evidence. It is difficult to overturn an Administrative Law Judge decision.

3. Appeals Council

The Appeals Council may decide to issue its own decision, send the case back to the Administrative Law Judge to issue another decision, or approve the decision of the Administrative Law Judge. It could take three years or more for you to get a decision from the Appeals Council. However, if you win, you will get all the money that you should have gotten. (If you did not get paid during the appeal, you will get all the past due benefits. If you paid in on an overpayment while you were waiting for a final decision, you will get back all the money you paid in.)

4. Federal Court review

If you disagree with the Appeals Council’s decision, you can go to Federal District Court. You need an attorney to help you do this. It could take several more years to get a decision from the federal court, but if you win, you will get all benefits improperly denied or withheld.

Whenever you file something with SSA...

Whenever you file a document with the Social Security Administration, mail, fax or drop off it off at an SSA Office. Keep a copy for yourself and note when and where you filed it.

If you mail it, note the date it was sent and get a receipt if possible. Call and confirm that it has been received. Note the date and the name of the person you speak with.
If you fax it, use a machine that gives you a “transmission report” which is proof that you sent it.
If you drop it off at the nearest SSA Office, ask for a date stamped copy of what you give them.

Where are the Vermont SSA offices?

Burlington SSA Office
128 Lakeside Ave., Suite 107
Burlington, VT 05401
1-877-840-5776
Fax: 802-652-0936

Montpelier SSA Office
33 School Street
Montpelier, VT 05602
1-877-505-4542
Fax: 802-229-1521

Rutland SSA Office
246 West Street
Rutland, VT 05701
1-866-690-1944
Fax: 802-773-0830

Hours: Monday through Friday from 9 a.m. - 4 p.m.

Help from members of Congress

If the Social Security Administration seems to be taking a very long time to reach a decision in your case, contact one of your representatives in Congress.

Rep. Becca Balint

159 Bank Street
Suite 204
Burlington, VT 05401
802-652- 2450
Fax: 771-200-5791

1408 Longworth House Office Building
Washington, DC 20515
202-225-4115
Fax: 771-200-5791

Senator Bernie Sanders

1 Church Street, Third Floor
Burlington, VT 05401
802-862-0697
Fax: 802-860-6370
Toll-free: 1-800-339-9834

U.S. Senate
332 Dirksen Building
Washington, D.C. 20510
202-224-5141
Fax: 202-228-0776

Senator Peter Welch

199 Main Street, 4th Floor
Burlington VT 05401
802-863-2525
Fax: 802-651-1674
Toll-free: 1-800-642-3193

SR-124 Russell Senate Office Building
Washington, DC 20510
202-224-4242

Ask us for help

We can help you understand what’s going on and what steps to take. Have your letter(s) from Social Security in hand and contact us right away for help. Call us at 1-800-889-2047 or fill out our form and we will call you back. Your information will be sent to Legal Services Vermont, which screens requests for help for both Vermont Legal Aid and Legal Services Vermont.

See our other Social Security pages: