Introduction
As many of you already know, navigating the complexities of Supplemental Security Income (SSI) can be challenging. Today, we'll delve into a lesser-known area of SSI: the process of requesting the reopening of a previously denied SSI claim.
Under certain circumstances, the Social Security Administration (SSA) permits the reopening of a prior SSI claim. Typically, this occurs when there's 'good cause' for failing to appeal the original decision within the standard timeframe, usually 60 days from receiving the denial notice.
So, what exactly does 'good cause' mean? It refers to valid reasons such as serious illness, misunderstanding about the decision, incorrect advice from an SSA official, or a lack of notification about the decision.
Steps to Reopen a Prior SSI Claim
Follow these crucial steps to initiate the reopening of your SSI claim:
1. Contact the SSA:** Your first step should be to reach out to your local Social Security office or call the SSA's national toll-free number (1-800-772-1213; TTY 1-800-325-0778). These representatives can offer guidance on how best to proceed based on your unique situation.
2. Present New Evidence: Prepare to provide any new, material, and pertinent evidence not considered in the initial decision. For example, you might have medical records revealing that your condition has worsened or proof that there was a technical error in the previous verdict.
3. Explain Your Good Cause: You'll need to convincingly explain the 'good cause' for not appealing the original decision within the typical time limit.
4. Submit a Written Request: Though not mandatory, it's advisable to submit your request to reopen the claim in writing. In your letter, clearly state that you're requesting a reopening and detail your reasons for doing so. Always keep a copy of this request for your records.
When Can a Claim Be Reopened?
The SSA adheres to specific rules about when and under what circumstances a decision can be reopened:
Within 12 months for any reason: If it hasn't been more than a year since your decision, the SSA can reopen the claim for any reason.
Within two years with 'good cause': If it's been more than a year but less than two, you must show 'good cause,' like new and substantial evidence.
-After two years under special circumstances: After two years, reopening a decision becomes trickier and is generally only possible under exceptional circumstances such as fraud, clerical error, or similar issues.
Remember, SSA does not grant every request for reopening. The process can be complicated, but knowing what to expect can significantly improve your chances of success. For these complex areas of Social Security law, you might want to consider consulting with an experienced Social Security Disability attorney or advocate for advice tailored to your situation.
If you need assistance with reopening a prior SSI claim, please reach out to us. We have handled numerous “reopenings” of prior claims. Call me at (407) 738-3718.
