Wednesday, September 25, 2013

NSCLC: Challenging Lack of Due Process for SSI Appeals

The National Senior Citizens Law Center recently released "Why SSI Needs an Appeal Process that Works," NSCLC's first white paper describing the fate of non-disability claimants who experience improper suspensions or reduction of Supplemental Security Income (SSI) benefits, serious problems compounded by the lack of an effective and fair appeals process.  Working with Legal Service programs and advocates around the country, NSCLC has identified pervasive flaws in the system, including the Social Security Administration's failure to:

  • Process appeal requests;
  • Continue benefit payments during the appeal;
  • Conduct conferences required by law; and
  • Issue adequate written decisions, permitting effective review or reconsideration.

These due process violations often go unchallenged because of the inability of claimants to find attorneys skilled or interested in handling appeals.  The Social Security Act does not provide for awards of attorneys fees to successful claimaints on non-disability SSI appeals. On almost all levels, the system is stacked against the non-disability SSI claimant.  NSCLC attorney Kate Lang explains:

"For the low-income individuals who depend on SSI benefits to access housing, food, medical care and other necessities, their inability to pursue an appeal effectively can have immediate, severe consequences. When their income is incorrectly stopped or reduced, these vulnerable individuals face hunger, homelessness and the inability to access vital medications."

NSCLC attorneys are advocates for the nation's elderly poor, and urge specific systemic change.  For news stories tracking NSCLC projects to secure the health and financial security of older persons, see NSCLC in the News.   

http://lawprofessors.typepad.com/elder_law/2013/09/nsclc-challenging-lack-of-due-process-on-ssi-appeals.html

Federal Cases, Federal Statutes/Regulations, Social Security | Permalink

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Comments

The amount of time that some applicants have to wait to file their claims is truly disturbing. When are we going to streamline the process and make things easier?!?

Posted by: James Paulson | Nov 13, 2013 1:27:18 PM

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