Ask Larry

What Can I Do?

Hello, My SSI was wrongfully terminated for resources and income 5/2021 without notification until 9/21 when I applied for ssdi. I explained over and over the stimulus payments were counted as resources, and I was not over for 12 consecutive months for termination. The FO created a new ssdi claim stating I had new medical evidence and a new condition to add. They changed the onset date to after last date insured and application date to cancel my appeal. I submitted the EXR form for ssi reinstatement 2/2023, so I could appeal a written decision, they would not send a written denial. I have recorded calls from both programs including supervisors and managers. I have complained to other offices without a resolution. The Civil Rights Division did not acknowledge my fraud complaint but acknowledged denying ssdi claim less than 24-hours was a customer service issue. What can I do? The ALJ's summary included information from FO application after I provided supporting documentation of fraud.

Hi. It sounds like your options would come down to either pursuing a further appeal, or filing a new application(s). I can't comment on the merits of a potential appeal without access to all of your records.

If you have already appealed and received a Hearing determination from an Administrative Law Judge (ALJ), the next step of appeal would be to request an Appeals Council (AC) review. If that's unfavorable, you can file a federal district court action ( Note that unless you have good cause for late filing, you must request the next step of appeal within 60 days of receiving notice of the determination on your prior appeals step.

Best, Jerry

Apr 23 2023 - 4:16pm
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