Ask Larry

What Can I Do To Appeal?

A few months ago, I lost my Social Security Benefits for Disability that I was getting for years. After I got a letter stating my last check, my beneficiary filed for an appeal. I'm still currently waiting for a letter stating I will be getting my SSI back. Now I've received letters that I will no longer be getting food stamps and medicaid due to the loss of my social security income. I'm an New Mexico resident. What can I do to appeal all of this? I'm struggling to make ends meet as is, I cannot find work and still struggle with my disabilities.

Hi,

I'm sorry to hear about the problems you're having, but my expertise is limited to Social Security benefits so I don't what type of appeal process you might be able to pursue with regard to your loss of Medicaid and food stamps. You'll probably need to contact the agencies handling those programs to have them explain your options regarding an appeal. I assume that their contact information would be on the letters that they sent you.

With regard to your Social Security disability (SSDI) benefits and SSI (Supplemental Security Income), there are several potential levels of appeal (https://www.ssa.gov/pubs/EN-05-10041.pdf). The first level of appeal is a reconsideration, which you have apparently already requested or had requested on your behalf. If you receive an unfavorable determination on your reconsideration, the next step of appeal would be to request a hearing before an administrative law judge (ALJ). If you're dissatisfied with the ALJ's decision, you can request an Appeals Council review of the hearing determination, and if that decision is unfavorable you could file lawsuit in a federal court.

Unfortunately, the appeals process takes time, so if you're struggling to get by you'll want to explore what types of resources are available for people in need in your area. Usually, you can find that type of information using an internet search or by contacting the Department of Social Services office nearest your location.

Best, Jerry

Category: 
Posted: 
Jun 6 2019 - 9:32am
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