[00:00:01 Visual: A graphic shows a video player with the previous video on it.]
Narrator: Our previous video described Steps 1 to 3 of how to appeal a decision about Social Security Disability Insurance (called SSDI) or Supplemental Security Income (called SSI). This video describes Steps 4 to 6.
[00:00:16 The video player switches out for a vtlawhelp.org web page, which shows the six steps of this Social Security Appeal Roadmap. The graphic slides away and a title shows the following:]
Step 4: Communicate with the Disability Determination Service
[00:00:27 A line sweeps away the title and a building marked “Social Security” with an American flag pops up. Beside it, a person in a blue t-shirt appears and an appeal envelope flies from him to the building. The main character slides away and a building marked “Disability Determination Service” slides in. The envelope flies from the Social Security building to it.]
In Vermont, once the Social Security Administration gets your appeal, they send it to the Vermont Disability Determination Service, (or DDS). DDS reviews your medical conditions and whether you can work.
[00:00:38] The Social Security building slides away and a worker with a DDS nametag pops up, reviewing a form on a clipboard. The Disability Determination Service building sinks away and envelopes fly in an arc to the DDS worker as they write.]
It’s very important to keep in touch with DDS. They work for the State of Vermont, but they report to Social Security. They can decide that you should win your case without a hearing. But they can also close your appeal if you don’t answer their letters or give them the documents they need.
[00:00:50 An appeal envelope pops up, and one stamp gives it a green checkmark. Another gives it a red x. The group slides away and the main character pops back up. Beside them, a calendar reads “two weeks.” Forms and files pop up as they are mentioned.]
Within two weeks of submitting your appeal, DDS will send you a letter with their contact information and a form you must complete and send back within 10 days.
[00:01:12 The calendar rips away to a page reading “10 days.” All but a single form falls away.]
The form is called the “Function Report”. It asks for details about how your medical conditions affect your ability to work and live independently. Focus on how your conditions restrict what you can do.
[00:01:19 Beside the Function Report, icons appear: a person walking with a white cane, an ear with an x next to it, and a person using a wheelchair. The icons fly into the Function Report. The Function Report sinks away. The main character and DDS worker pop up. Beside them, a doctor pops up.]
DDS may ask you to meet with a medical provider, or they may interview you. Keep them informed of upcoming medical appointments, and changes in medicines or treatments.
[00:01:34 The doctor and DDS worker sink away, and a calendar with a red cross on it appears next to a bottle of pills. The group slides away and the following title appears:]
Step 5: Get a decision or get ready for your hearing
[00:01:46 A line sweeps away the title. The DDS and Social Security buildings pop up.]
After DDS reviews your case, you'll get a notice from either DDS or Social Security. They can do one of three things:
- issue a “fully favorable” decision – which means you win;
- issue a “partially favorable” or “unfavorable” decision; or
- send you to a hearing with a Disability Hearing Officer. You have the right to a hearing if you were getting a benefit before.
[00:01:55 Icons pop up above the building as the narrator mentions each outcome: A hand with a coin hovering over it and a checkmark, a coin with a red x through it, and a DDS employee holding a clipboard. The group slides away, and the main character pops up with a calendar that reads “30 days.” Pages tear away to a page reading “90 days.”]
If you’ve been waiting more than 90 days from when you finished your appeal to get a decision or a hearing, you can ask your local Social Security office about your case. Or contact one of Vermont’s representatives in Congress. Their staff may be able to help.
[00:02:19 The calendar slides away, and a ringing phone slides in along with a social security building. The building switches out for a capitol building. The group slides away. The main character and the DDS employee pop up.]
To prepare for a hearing with a Disability Hearing Officer, plan your witnesses and evidence.
[00:02:35 The words “witnesses and evidence” type out at the bottom of the screen. A friend pops up next to the main character. The two slide over and a doctor joins them.]
For example: Maybe you have a friend or relative who Social Security hasn’t yet heard from. Or maybe there are new test results or new letters from medical providers.
[00:02:48 The friend and doctor sink away. The ear, white cane and wheelchair icons re-appear. Below them, a case file with papers pops up.]
The hearing is a chance to talk about why you can’t work and why you need the benefit. Sometimes this is more effective than the information in your file.
[00:02:59 The icons sink away and a clock appears. It winds back. An advocate with a ponytail pops up beside the main character, and an Appointment of Representative form slides up between the DDS employee and the main character.]
Arrive for your hearing early and bring a support person if you want. If you filled out an Appointment of Representative form, that person can help you explain yourself in the hearing.
[00:03:07 The group slides away and a title appears, reading:]
Step 6: Understand the decision and your options
[00:03:16 A line sweeps away the title. A manilla envelope marked “Decision” pops up.]
You’ll get a letter with a decision about your appeal.
If you get a “fully favorable” decision, you won! The letter will tell you the date Social Security will award you unpaid benefits.
[00:03:21 A green stamp puts a check mark on a Fully Favorable decision, and a speech bubble coming from the notice shows a coin hovering over a hand. The notice slides back into the envelope and reemerges reading “Unfavorable.”]
If you get an “unfavorable” or “partially favorable” decision, the letter will tell you which parts of your appeal were denied and why.
[00:03:37 A speech bubble pops up from the Unfavorable notice with a red x in it. The main character pops up beside the notice with his arms crossed.]
If you disagree with this decision, you have the right to go to the next level of appeal. You have 60 days from the date of the letter to ask for an appeal to an Administrative Law Judge (or ALJ). Many people get a better decision in an ALJ appeal.
[00:03:45 A calendar pops up reading “60 days” and a judge slides in, sitting at their bench. Words below read “Administrative Law Judge (ALJ).” The calendar switches out for a decision envelope reading “Fully Favorable.” The group slides out and a person in an orange shirt slides in, holding a check with a red x.]
If you were already getting an SSI or SSDI benefit, you still have 60 days to appeal to the next level. But if you want to keep getting benefits while Social Security reviews your appeal, you must appeal within 10 days of the date on the notice.
[00:04:02 A calendar reading “60 days” and an envelope marked “Appeal” pops up on either side of the person in orange. The x on the check becomes a green checkmark. A page tears off the calendar, the new on reading “10 days.” The group slides away and a judge at a bench slides in.]
Appealing to an ALJ is more complicated than a first-level appeal. Ask us for advice or a referral for help.
[00:04:21 The judge sinks away, and a web page reading “vtlawhelp.org” and a phone reading 1-800-899-2047 pop up. Under it, text reads “Legal Services Vermont.” They sink away, and a video player pops up. It switches out to a web page on vtlawhelp.org that shows the six steps for this Social Security Appeal Roadmap.]
Be sure to watch our video on steps 1 to 3 of this process; review the detailed Roadmap on our website; and contact us if you have questions.
[00:04:35 An end-screen with a green logo reads “Legal Services Vermont: Working Together for Justice. 1-800-889-2047, vtlawhelp.org.”]
End of transcript.
