Thursday, February 26, 2009

SSI Decisions

A state agency makes the initial decision whether to approve applications for Supplemental Security Income (“SSI”). Unlike a claim for Social Security Disability benefits, an SSI applicant also has to show that he or she lacks financial assets to receive benefits.

A claimant came to me after her SSI application was denied. I immediately appealed and submitted additional medical evidence. Sometimes the state agency reviews its initial decisions on its own as part of a quality review process. When inquiring why I had not received a copy of the file exhibits, and why the case had not been transferred to the hearing office, I learned that the state agency was re-evaluating the application in light of the additional medical evidence that I had submitted.

Based upon the additional review performed by the state agency, the Social Security Administration (the “SSA”) issued a Notice of Decision (the “Notice”). The Notice said that the claimant met the medical requirements for disability benefits, but that a decision regarding the nonmedical requirements was pending. I regularly get calls from clients who are concerned or unclear about what these Notices mean.

The Notice states that the SSA has concluded that the medical evidence supports the claimant’s allegations that he or she is disabled. However, before benefits can be approved, an SSI applicant also has to show that he or she lacks financial assets, and that is what the Notice refers to as the nonmedical requirements.

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