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www.LawNY.org What is SSI (Supplemental Security Income)? SSI is a federal program that provides cash benefits to needy people who are 65 or older, blind, or disabled. For SSI, "disabled" means you cannot work because of a mental or physical problem that has lasted or is expected to last 12 months.
Where do I apply for SSI? SSI is run by the Social Security Administration (SSA). To apply for SSI, you should contact your nearest Social Security office.
How does Social Security decide if I am eligible for SSI? To be eligible for SSI you must prove that you are disabled and that you are financially needy. Social Security follows a procedure to decide whether or not you are eligible. First, Social Security looks at your financial situation. In most cases, if you are employed, you must make less than $940 per month. Social Security also looks at the finances and resources of others who live with you. Next, Social Security looks at your disability.
How does Social Security decide if I am disabled? For SSI, "disabled" means that you cannot work because of a mental or physical problem that has lasted or is expected to last at least 12 months. If Social Security finds that your problems significantly limit your ability to do basic work, they will continue to review your case. Social Security has a list of medical problems that are considered disabling. They then see if your disability fits one of their categories. Some of these categories are: respiratory, cardiovascular, mental disorders, and immune system. If your medical problem exactly matches the requirements for one of these categories, your claim should be approved. If your disability does not exactly meet the requirements of one of the categories, you might still be considered disabled. Social Security should decide if your medical problems prevent you from doing any work you have done in the past (usually the past 15 years). If you are no longer able to do past work, your claim should move to the next step of the procedure. Next, if SSA decides that you cannot do past work, Social Security will consider your age, education, and past work skills to decide if there is other work you are able to do. If Social Security finds that your medical problems prevent you from doing any past work or other work, you should be found "disabled". You should be notified in writing by Social Security if you have been found disabled or not disabled.
What can I do if my application for SSI is denied? You have the right to appeal any decision made by Social Security. If Social Security finds you not disabled, you should be notified of your appeal rights. There are very strict time deadlines for appeals, so make sure you read your notice carefully. You usually have 60 days to appeal Social Security’s decision. Appeals must be made in writing. You can get information about appeals from your nearest Social Security office, as well as some legal services offices and private attorneys.
How do I file an appeal? If Social Security denies your claim for disability benefits, you can file a "Request for a Hearing". This form can be found at your local Social Security office or on the web at http://www.ssa.gov/online/ha-501.pdf. This form must usually be filed within 60 days after you receive your denial. Make sure you obey this deadline and file your request for a hearing within 60 days. Your appeal may be filed at any Social Security office. Some Social Security offices in the area are: Geneva (15 Lewis Street, Geneva, NY 14456), Corning (200 Civic Center, Corning, New York 14830), Rochester (One HSBC Plaza, 14th Floor, 100 Chestnut Street, Rochester, New York 14604), Batavia (Eastown Plaza, 571 East Main Street, Batavia, New York 14020).
* * * * * Legal Assistance of Western New York, Inc. This article provides general information about this subject. Laws about this subject may have changed since this article was written. For specific legal advice about a problem you are having, get the advice of a lawyer. Receiving this information does not make you a client of our office.
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