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DESCRIPTION
A Supplemental Security Income (SSI) hearing is requested following the denial of a request
for reconsideration. The SSI hearing is the final step in SSIAP. After the request for reconsideration is denied, unless the participant chooses other/self-representation, the participant is referred to the County's contracted SSI hearing representative who represents the participant at a hearing with Social Security's Office of Hearings and Appeals.
Unlike the request
for reconsideration (which is a case review), the SSI hearing is a face-to-face hearing with an Administrative Law Judge who reviews the case, discusses with the participant the effect of the disability on his/her day-to-day functioning, and decides if the SSI disability requirements are met.
KEY POINTS
- When a request
for reconsideration has been denied:
- In the last 60 days, an SSI hearing
is requested; or
- More than 60 days ago, an SSI
application is completed.
- Once the request
for reconsideration is denied, case management is transferred
from the SSI Advocate to the contracted hearing representative.
- Even if the General Relief (GR) case
is later terminated, the contracted hearing representative continues
working with the participant
through the end of the SSI hearing process.
- The contracted hearing representative
follows up with the participant, obtains any update on the participant's
disabling condition and supporting medical documentation, and requests
the SSI hearing.
- The contracted hearing representative
informs the participant of the date/time/location of the hearing (which
the participant must attend as a condition of aid).
- Following the hearing, the contracted
hearing representative follows up with SSA's Office of Hearings and
Appeals to obtain the results.
- If SSI is denied, the hearing representative
reviews the decision with the participant, advising that the participant
can (independently or with a private attorney) file an appeal with the
Appeals Counsel.
SSI ADVOCATE DUTIES
- Upon notification of denial of the request
for reconsideration:
- Contacts the participant, explaining
the SSI hearing process, giving him/her the option to have other/self-representation,
but pointing out the advantages of having the County's contracted
attorney be the representative, including that there is no cost
to
the participant.
- Provides the participant with the
contracted hearing representative's name and phone number.
- Explains that the hearing process
can take a long time, but that the contracted hearing representative
will
continue to work with the participant all through the process, even
if the participant goes off GR.
- Explains the next steps to the participant,
including his/her reporting responsibilities and the requirement
for
him/her to attend the SSI hearing.
- Assesses any supportive
services needs, making any appropriate referrals and/or
authorizing any needed transportation funds for medical and/or
SSI-related appointments.
- Records all participant contacts/SSIAP
case activity on the ABPSSI 16, SSIAP Activity Record.
- Updates LEADER, transferring case management to the contracted
hearing representative.
RESULTS
Upon denial of a request
for reconsideration, the outcomes should include:
- The participant has the contracted hearing
representative's name and phone number (in addition to the SSI Advocate's
name and telephone number).
- The participant understands the next
steps in the process, including his/her reporting responsibilities
and obligation to attend the SSI hearing.
- Any needed supportive
services referrals were made or transportation funds were issued.
- The ABPSSI 16 and LEADER were updated
with any new or changed information.
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