Is it possible to appeal a denial of benefits by an Administrative Law Judge? My Medicare premiums were increased because MassHealth, which insures my disabled husband, made a mistake and paid my Medicare premiums for 2 months, then clawed that back from my Social Security.
I am requesting a hearing before an ALJ, and intend to subpoena the Keeper of the Records for MassHealth to come in with my file and explain what happened. I have tried in vain to get a response from them by mail or by phone.
However, an SSA agent told me that it makes no difference that I never asked for this benefit, and am not at fault. "This happens all the time, and there is nothing you can do about it unless you immediately protested the SSA premium assistance payment by MassHealth." How would one ever know that?

Hi,

Yes, if you disagree with the determination made by an Administrative Law Judge (ALJ) at the Hearings level of appeal you can file for an Appeals Council (AC) review. And if the AC upholds the ALJ decision or declines to review your case, you can file a lawsuit in the federal courts (https://www.ssa.gov/pubs/EN-05-10041.pdf).

Best, Jerry