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

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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.

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.

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:

Updated: Nov 12, 2021