This is a compilation of information about due process rights under programs of the Social Security Administration (SSA). The following topics are covered: (1) use of Social Security Numbers, (2) applying for SSI or SSDI benefits, (3) review of disability status, (4) steps in the appeals process, (5) right to representation, (6) filing an unfair treatment complaint, and (7) how to reach SSA. Jamal Mazrui National Council on Disability Email: 74444.1076@compuserve.com ---------- SOCIAL SECURITY: YOUR NUMBER INTRODUCTION Many of us got our Social Security number about the time we got our first job. It was a symbol of our right to work and our responsibility to pay taxes. And, like getting a driver's license, it was symbolic of becoming an adult. Today, many parents apply for a number for their newborns even before they leave the hospital! Just as having a Social Security number is no longer a symbol of adulthood, the number's use is no longer confined to working and paying taxes. In ever increasing numbers, government agencies, schools, and businesses rely on Social Security numbers to identify people in their computer systems. Everyone seems to want your Social Security number. The Social Security Administration (SSA) is aware of concerns about the increasing uses of the Social Security number for client identification and recordkeeping purposes. You should not use your Social Security card as an identification card. However, several other government agencies are permitted by law to use Social Security numbers, but there is no law either authorizing or prohibiting their use. Banks and other financial institutions use the numbers to report interest earned on accounts to the Internal Revenue Service (IRS). Other government agencies use Social Security numbers in computer matching operations to stop fraud and abuse. For example, using Social Security numbers, some state death records are matched to Medicare records to uncover Medicare and Social Security fraud. PRIVACY OF RECORDS Although we can't prevent others from asking for your number, you should know that giving it to them does NOT give them access to your Social Security records. The privacy of your records is guaranteed unless 1) disclosure to another government agency is required by law or 2) the information is needed to conduct Social Security or other government health or welfare programs. If a business or other enterprise asks you for your Social Security number, you can refuse to give it to them. However, that may mean doing without the purchase or service for which your number was requested. Our primary message is this: be careful with your Social Security number and your card and protect their privacy whenever possible. THE ORIGINAL PURPOSE OF THE SOCIAL SECURITY NUMBER When Social Security began in 1935, a system was needed to keep track of the earnings, and eventually the benefits, of people who worked in jobs covered under the new program. Because many people use more than one name over a lifetime or share the same name, a numerical identifier was selected. WHAT THE NUMBERS MEAN The nine-digit Social Security number is divided into three parts. The first three numbers generally indicate the state of residence at the time a person applies for his or her first card. Originally, the lowest numbers were assigned to the New England states, and the numbers grew progressively higher in the South and West. However, in recent years, this geographical relationship has been disrupted somewhat by the need to allocate numbers out of sequence as state populations change. The middle two digits of a Social Security number have no special significance, but merely serve to break the numbers into blocks of convenient size. The last four characters represent a straight numerical progression of assigned numbers. SSA has issued more than 383 million Social Security numbers, and about 6 million new numbers are assigned each year. But even at this rate, there will be no need to reissue the same numbers, revise the present system, or devise a new numbering system for several generations. For this reason, SSA plans to continue using the nine-digit number. TYPES OF SOCIAL SECURITY CARDS SSA issues three types of Social Security cards. The first type of card is the card most people have, and has been issued since 1935. It shows the person's name and Social Security number, and it lets the person work without restriction. SSA issues it to U.S. citizens and permanent resident aliens. The second type of card bears the legend "NOT VALID FOR EMPLOYMENT." SSA issues it to people from other countries who are lawfully admitted to the United States without INS work authorization, but who need a number because of a federal, state or local law requiring a Social Security number to get a benefit or service. SSA began issuing the third type of card in 1992. It bears the legend "VALID FOR WORK ONLY WITH INS AUTHORIZATION." It is issued to people who are admitted to the United States on a temporary basis with Immigration and Naturalization Service (INS) authorization to work. PROTECTING YOUR SOCIAL SECURITY NUMBER AND RECORDS When you work, your Social Security number is used to record your earnings. Here are some things you can do to protect your Social Security record and to make sure it is accurate. * Show your Social Security card to your employer when you start a job. * Check the name and Social Security number on your pay stub and W-2 form to make sure your name and number are correct. * Keep your card in a safe place but don't rely on your memory when furnishing your number. If you give your employer the wrong Social Security number, your earnings may get credited to some other worker. * Send for an earnings statement at least every three years to make sure your record is right. The statement is available free of charge from Social Security by calling 1-800-772-1213. SOCIAL SECURITY NUMBER MISUSE Sometimes more than one person uses the same Social Security number, either on purpose or accidentally. Let us know if someone is using a Social Security number that belongs to someone else. It's against the law to use someone else's Social Security number or to give false information when applying for a number. Also, it's illegal to alter, buy, or sell Social Security cards. Anyone convicted of these crimes is subject to fines and/or imprisonment. IF SOMEONE ELSE USES YOUR SOCIAL SECURITY NUMBER What Social Security Can Do If you suspect that someone is using your number, you should report it to Social Security. You can check your earnings record by calling 1-800-772-1213 and asking for a "Personal Earnings and Benefit Estimate Statement." Your statement will show the earnings reported for your Social Security number each year since 1951. If you find that too much or too little is reported for your number, notify Social Security. We will help you correct your record. What Social Security Cannot Do If your Social Security number has been used to run up bills or obtain credit, Social Security cannot straighten out your credit record. You must contact each creditor or credit agency yourself. We cannot fix incorrect reports made by an employer to state unemployment or welfare offices. You will need to contact the state or local agency to correct your record. Because there is no law concerning the use of a person's Social Security number by a private individual or organization, Social Security has no control over such use. MISLEADING ADVERTISING PRACTICES Some private firms sell metal or plastic Social Security cards or offer them free as a "come on" for other business offers. Although these cards are not illegal, only a Social Security card issued by the Social Security Administration is the official verification of a person's Social Security number. However, make sure your number is correct if you decide to use these services. Sometimes private firms offer, for a fee, to obtain a number for a newborn child or get a revised card for a bride showing her new name. Generally, these businesses are not illegal, but remember that both services are free when you contact Social Security directly. It is illegal for private firms to use words that seemingly represent Social Security or emblems that suggest a government affiliation to solicit business. If you receive something you think is illegal, turn over the entire package, including the envelope, to your local Social Security office or send the material to the Social Security Administration, Office of Communications, P.O. Box 17740, Baltimore, Maryland 21235. If you wish, you also can turn over the material to local postal authorities. APPLYING FOR A NEW OR REPLACEMENT CARD If you need to a Social Security number or want to replace your lost or stolen card, or get a card showing your new name, call or visit Social Security. These services are free. You will need to complete an application and furnish one or more documents as identification. To get a Social Security number, you will need to provide documents that show your identity, age, and citizenship or lawful alien status. To replace your lost or stolen card, you usually need one identifying document. To change the name on your card, you need to show one or more documents that identify you by your old name and your new name. If you were born outside the United States, generally you also must show proof of U.S. citizenship or lawful alien status. Your replacement card will have the same number as your old card. FOR MORE INFORMATION You can get more information 24 hours a day by calling Social Security's toll-free number, 1-800-772-1213. You can call for an appointment or to speak to a service representative between the hours of 7 a.m. and 7 p.m. on business days. Our lines are busiest early in the week and early in the month so, if your business can wait, it's best to call at other times. Whenever you call, have your Social Security number handy. If you have a touch-tone phone, recorded information and services are available 24 hours a day, including weekends and holidays. People who are deaf or hard of hearing may call our toll-free "TTY" number 1-800-325-0778, between 7 a.m. and 7 p.m. on business days. Social Security publications are available to users of the Internet. Type http://www.ssa.gov to access Internet and these publications. The Social Security Administration treats all calls confidentially--whether they're made to our toll-free numbers or to one of our local offices. We also want to make sure that you receive accurate and courteous service. That's why we have a second Social Security representative monitor some incoming and outgoing telephone calls. Social Security Administration SSA Publication No. 05-10002 October 1996 ---------- Social Security Disability Programs TWO DISABILITY PROGRAMS When you talk to the Social Security representative, two different disability programs may be discussed--Social Security disability insurance and Supplemental Security Income (SSI) disability. Both of these programs provide a monthly income for people with severe disabilities, but the rules that affect eligibility for them are different. Social Security disability is a social insurance program that workers and employers pay for with their Social Security taxes. Eligibility for these disability benefits is based on your work history, and the amount of your benefit is based on your earnings. SSI benefits are paid to people who have low income and limited resources. That's why the representative asks questions about your income and things that you own. The important thing to remember is that the medical requirements for both programs are the same and disability is decided by the same process. Based on the information that you share with the Social Security representative, you may be filing for either Social Security disability, SSI disability, or both. More detailed information about both programs can be found in the booklets, "Disability" and "Supplemental Security Income." If you have any questions about the differences between these two programs or what programs you have filed for, the Social Security representative will be glad to answer them. APPLYING FOR DISABILITY BENEFITS Social Security wants to make the application process as easy as possible for you. Your entire application can be taken care of over the phone and through the mail or, if you prefer, you may visit any of our community offices. HOW YOU CAN HELP SPEED UP YOUR CLAIM Your Medical Records We will need to get copies of your medical records to make a decision about your claim. If you have or can readily get copies of your records, bring them with you when you file your application. Any records you do not have available, we will request directly from your doctors, hospitals or clinics. It is very important that we know the name, address, phone number, dates of treatment, and types of treatment you received from each doctor, clinic, or hospital so we can get copies of your medical records. You should bring this information with you when you apply. To also help speed up the decision process, you may contact your treating doctors, hospitals, and clinics to let them know that you have filed a disability claim and ask them to send in the records as soon as contacted. OTHER RECORDS AND INFORMATION Be prepared to discuss your work history for the last 15 years, including the duties and responsibilities you had on your jobs. We will need your birth certificate and birth certificates for your spouse and any children who may apply for benefits based on your disability. We will need to see the original birth certificate or one certified by the record custodian. We cannot accept an uncertified photocopy. If you worked last year, you also will be asked for a copy of last year's W-2 form, or if you were self-employed, last year's tax return. If you are filing for SSI, we also will ask you for other information about your income and things you own, like bank accounts. Our representatives will know exactly what information is needed and can help you get it. Even if you do not have all this information, do not delay contacting Social security. HOW THE DISABILITY DECISION IS MADE Although your application or benefits will be handled in a Social Security office, the disability decision is not made there. Social Security sends the medical part of your claims to your state's Disability Determination Service (DDS). Trained disability evaluation specialists will get your medical records, review the information, and make a decision on your case. They may call you for additional information. If they need more information, they may schedule a medical examination at no expense to you. HELP WITH YOUR MEDICAL BILLS Medicare If your claim for Social Security disability insurance benefits is approved, Medicare benefits will be available to you automatically after you have been getting checks for two years. Medicaid If your claim for SSI disability is approved, you generally will be able to get Medicaid immediately. In most states, you become eligible for Medicaid automatically. In other states, you have to apply for it. You can get more information about Medicaid from Social Security or the local medical assistance office. WHEN BENEFITS WILL START Social Security Disability If your Social Security disability claim is approved, your benefits will begin with the sixth month after the date the evidence shows your disability began. This rule applies because Social Security is not intended to cover short-term disabilities. SSI Disability There is no waiting period for SSI If your claim for SSI disability is approved and you meet all other requirements, you will be due benefits from the date that you applied. If your condition is so severe that disability can be presumed, and you meet the SSI income and resource limits, you may begin to get SSI right away, before the formal disability decision is made. Social Security Administration SSA Publication No. 05-10057 May 1996 ICN 463240 ---------- How We Decide If You Are Still Disabled In most cases, you are reading this leaflet because you just got a letter telling you we're going to review your disability. That's because the law says from time to time we need to review almost everybody's case to see if he or she is still eligible for disability benefits. Generally, if your health has not improved, or if your disability still keeps you from working, you will continue to receive your benefits. Here is what we plan to do. We Will Gather The Facts To help us make our decision, we will begin by gathering information about your health. --We will ask your doctors, hospitals, and clinics for reports about your health. We will ask them how your health problems limit your activities, what medical tests show, and what medical treatments you have been given. --If we need more medical information, we will ask you to go for a special examination or test which we will pay for. We will write to you about the time and place for this test. --We will add this new medical information to the information you gave us about your health. We Will Review Your Disability Next, we will look at what your medical condition was when we last reviewed your case. We will also look at any new health problems you may have now. --We will look to see if your health has improved. If your health has improved, we will see if you might be able to work. --We will look to see if your overall health affects the kind of work you can do. This includes the work you did in the past and any other kind of work you might be able to do now. What Will Happen To Your Benefits Your benefits generally will continue unless any of the following situations are true in your case. --New or improved medical tests show that you are not as disabled as you were when we reviewed your case in the past. These tests must also show us that you can now work. --You have benefited from vocational training or advances in medical treatment or vocational technology, and you can work. --We find that we made a mistake in our earlier decision. --Without a good reason, you do not follow the treatment your doctor ordered and you probably could go back to work if you did. --You gave us false and misleading information when we made our earlier decision. --You are not cooperating in this review and you do not have a good reason for not cooperating. --You work and the work is both substantial and gainful. By substantial, we mean work involving significant physical or mental activity. Gainful means, that the work is done for pay or profit. However, this situation will not affect Supplemental Security Income payments. If any of the above situations exist, your benefits may stop. If You Have Any Questions If you have any questions about our plans to review your case, call or visit your local Social Security office. Make sure you have the letter that came with this leaflet available if you do. Social Security Administration SSA Publication No. 05-10053 April 1996 ICN 462555 ---------- A Factsheet from Social Security _______________________________________________________________ Social Security Administration SSA Publication No. 05-10068 June 1997 (April 1995 edition may be used) Reviewing Your Disability If you receive Social Security or Supplemental Security Income (SSI) disability benefits, your case will be reviewed from time to time to make sure you continue to be disabled. Disabled means you have a physical or mental condition that prevents you from working for a least a year or is expected to end in death. The review process is designed to give you every opportunity to show that you are still disabled and to assure that your benefits are not stopped incorrectly. All evidence about your condition will be completely evaluated. If you have more than one disabling condition, we'll consider the combined effect of all your impairments on your ability to work. Following are some of the most frequently asked questions about Social Security disability reviews. If you have others, contact your Social Security office. How Often Will I Be Reviewed? It depends on the nature and severity of your condition and whether it is expected to improve. * If improvement is EXPECTED, your first review generally will be SIX TO 18 MONTHS after the date you became disabled. * If improvement is POSSIBLE but cannot be predicted, your case will be reviewed about once EVERY THREE YEARS. * If improvement is not expected, your case will be reviewed once every FIVE TO SEVEN YEARS. How Will I Be Notified Of A Review? Generally, we will send you a letter containing questions for you to answer about your condition. Based on your answers to these questions and other information in your case, we may decide to do a full medical review. If a full medical review is needed, we will send you a letter asking you to come to the Social Security office. If a full medical review is not needed, we will send you a letter telling you that we do not need to review your case at this time. What Happens During A Review? At the review, we will ask how your impairment affects you and whether it has improved. Bring your doctors' names, addresses and phone numbers. Also, bring patient numbers of any hospitals and clinics that have treated you since we last contacted you. If you have worked since you applied for disability benefits or since your last review, we also need information about the dates you worked, the pay you received and the kind of work you did. Who Will Make The Disability Decision? We will send your case to an agency in your state that makes disability decisions for Social Security. An experienced disability examiner and a doctor will carefully review all information and the evidence you have given, and will request detailed medical reports from the sources you have indicated. How Will They Make The Decision? In most cases, the decision will be based on the information from your doctors, hospitals or clinics. But, if the medical evidence is not complete or current, you may be asked to have a special examination at government expense. If an examination or test is needed, an appointment will be scheduled with your own doctor, another private doctor or other medical source. You will be notified in writing of the date, time and place. What If I Disagree With The Decision? You can appeal the decision. There are four levels of appeal and, generally, you have 60 days to appeal from one level to the next. The four levels are: * Reconsideration--Your case is independently reviewed by people who had no part in the original decision. You may appear before a hearing officer who will decide your appeal. * Hearing--If you disagree with the reconsideration decision, you may request a hearing before an administrative law judge. * Appeals Council--If you disagree with the administrative law judge's decision, you may ask for a review of the decision by the Appeals Council. * Federal Court--If you disagree with the Appeals Council decision, or if the Appeals Council declines to review your case, you may bring a civil action in a federal court. Under What Circumstances Will Benefits Be Stopped? Generally, benefits will be stopped only if the evidence shows that your impairment has medically improved and that you can work. As long as your condition has not improved and you are not working, benefits normally will continue. Your benefits will stop if you are doing substantial work. But, if you are working and are still medically disabled, benefits may continue. What If I Try To Work? Social Security has several special rules that can help if you want to work in spite of your disability. If you are receiving Social Security disability benefits, you may have unlimited earnings during a trial work period of up to nine months (not necessarily in a row) and still receive full benefits. Other rules allow cash benefits and Medicare to continue while you attempt to work on a regular basis. If you are receiving SSI disability benefits, you may continue to receive monthly payments while you work as long as you continue to meet the income and resource requirements. If your cash payments stop because your total income exceeds the SSI limits, you may still be eligible for Medicaid. Other rules help with work expenses, training and rehabilitation. Ask your Social Security office for more information about special rules for people with disabilities who attempt to work. ---------- The Appeals Process Social Security wants to be sure that every decision made about your Social Security or Supplemental Security Income (SSI) claim is correct. We carefully consider all the information in your case before we make any decisions that affect your eligibility or your benefit amount. If we decide that you are not eligible or no longer eligible for benefits, or that the amount of your payments should be changed, we'll send you a letter explaining our decision. If you don't agree with our decision, you can ask us to look at your case again. This is called an appeal. When you ask for an appeal, we will look at the entire decision, even those parts which were in your favor. If our decision was wrong, we will change it. When And How To Appeal If you wish to appeal, you must make your request in writing within 60 days from the date you receive our letter. We assume you receive the letter five days after the date on it, unless you can show us you received it later. Call your Social Security office if you need help with your appeal. The Four Appeal Levels There are four levels of appeal. They are: (1) reconsideration, (2) hearing by an administrative law judge, (3) review by the Appeals Council, and (4) federal court review. When we send you a letter about a decision on your claim, we'll tell you how to appeal the decision. Reconsideration A reconsideration is a complete review of your claim by someone who didn't take part in the first decision. We will look at all the evidence submitted when the original decision was made plus any new evidence. Most reconsiderations involve a review of your files without the need for you to be present. But when you appeal a decision that you are no longer eligible for disability benefits because your condition has improved, you have a choice of a file review or meeting with a Social Security representative to discuss your case. You can meet with a disability hearing officer and explain why you believe you still have a disability. Continuation Of Benefits In some cases, you may ask us to continue paying your benefits while we make a decision on your appeal. You can ask for this continuation of benefits when: --you are appealing our decision that you are no longer eligible for Social Security disability benefits because your condition has improved, or --you are appealing our decision that you are no longer eligible for SSI payments or that your SSI payment should be reduced. If you want your benefits to continue, you must tell us within 10 days of the date you receive our letter. If your appeal is turned down, you may have to pay back any money you weren't eligible to get. Hearing If you disagree with the reconsideration decision, you may ask for a hearing. The hearing will be conducted by an administrative law judge who had no part in the first decision or the reconsideration of your case. The hearing is usually held within 75 miles of your home. The administrative law judge will notify you of the time and place of the hearing. You and your representative, if you have one, may come to the hearing and explain your case in person. You may look at the information in your file and give new information. The administrative law judge will question you and any witnesses you bring to the hearing. You or your representative may also question the witnesses. It is usually to your advantage to attend the hearing. If you don't wish to do so, you must tell us in writing that you don't want to attend. Unless the administrative law judge believes your presence is needed to decide the case, he or she will make a decision based on all the information in your case, including any new information given. After the hearing, we will send you a letter and a copy of the administrative law judge's decision. Review By The Appeals Council If you disagree with the hearing decision, you may ask for a review by Social Security's Appeals Council. We'll be glad to help you ask for a review by the Appeals Council. The Appeals Council looks at all requests for review, but it may deny a request if it believes the hearing decision was correct. If the Appeals Council decides to review your case, it will either decide your case itself or return it to an administrative law judge for further review. You will receive a copy of the Appeals Council's decision or order sending it back to an administrative law judge. Federal Court Action If you disagree with the Appeals Council's decision or if the Appeals Council decides not to review your case, you may file a lawsuit in a federal district court. Your Right To Representation Many people handle their own Social Security appeals with free help from Social Security. But you can choose a lawyer, a friend, or someone else to help you. Someone you appoint to help you is called your representative. We will work with your representative just as we would work with you. Your representative can act for you in most Social Security matters and will receive a copy of any decisions we make about your claim. Your representative cannot charge or collect a fee from you without first getting written approval from Social Security. If you want more information about having a representative, contact Social Security. We can give you a free factsheet called Social Security And Your Right To Representation (Publication No. 05-10075). For More Information If you have questions about your right to appeal, call Social Security. Call our toll-free number, 1-800-772-1213. The Social Security Administration treats all calls confidentially--whether they're made to our toll-free numbers or to one of our local offices. We also want to ensure that you receive accurate and courteous service. That is why we have a second Social Security representative monitor some incoming and outgoing telephone calls. Social Security Administration SSA Publication No. 05-10041 May 1996 ICN 459260 ---------- A Factsheet from Social Security _______________________________________________________________ Social Security Administration SSA Publication No. 05-10075 May 1996 (April 1995 edition may be used) Your Right To Representation You can choose to have a representative help you when you do business with Social Security. We will work with your representative, just as we would with you. Your representative cannot charge or collect a fee from you without first getting written approval from the Social Security Administration, even if your claim is denied. However, your representative may accept money in advance as long as he or she holds it in a trust or escrow account. Both you and your representative are responsible for providing Social Security with accurate information. It is wrong to knowingly and willingly furnish false information. Doing so may result in criminal prosecution. What A Representative Can Do Once appointed, your representative can act for you in most Social Security matters. For example, he or she can: * get information from your Social Security file; * help you get medical records or information to support your claim; * come with you, or for you, to any interview, conference, or hearing you have with us; * request a reconsideration, hearing, or Appeals Council review; and * help you and your witnesses prepare for a hearing and question any witnesses. Your representative also will receive a copy of the decision(s) we make on your claim(s). Choosing A Representative You can choose an attorney or other qualified person to represent you. You also can have more than one representative. Some organizations can help you find an attorney or give you free legal services if you qualify. Some attorneys don't charge unless you receive benefits. Your Social Security office has a list of organizations that can help you find a representative. You can appoint one or more persons in a firm, corporation, or other organization as your representative(s), but you may not appoint the firm, corporation, or organization yourself. You also may not appoint a person who has been suspended or disqualified from representing others before the Social Security Administration or who may not, by law, act as a representative. Once you choose a representative, you must tell us in writing as soon as possible. To do this, you can get a Form SSA-1696-U4, "Appointment of Representative", from any Social Security office. You must give the name of the person you are appointing and sign your name. If the person is not an attorney, he or she must, in writing, give his or her name; state that he or she accepts the appointment; and sign the form. What Your Representative May Charge To charge you a fee for his or her services, your representative first must file either a fee agreement or a fee petition with us. Your representative cannot charge you more than the fee amount we approved. If either you or your representative disagree with the fee we approved, you or your representative can ask us to look at it again. A representative who charges or collects a fee without our approval, or charges or collects too much, may be suspended or disqualified from representing anyone before the Social Security Administration. He or she also may face criminal prosecution. Filing A Fee Agreement If you and your representative have a written fee agreement, your representative may ask us to approve it any time before we decide your claim. Usually, we'll approve the agreement and tell you in writing how much your representative may charge as long as: * you both signed the agreement; * the fee you agreed on is no more than 25 percent of past-due benefits, or $4,000, whichever is less; and * your claim was approved and resulted in past-due benefits. If we don't approve the fee agreement, we will tell you and your representative in writing that your representative must file a fee petition. Filing A Fee Petition Your representative may give us a fee petition when he or she has finished working on your claim(s). This written request, accounting for the fee, describes in detail the amount of time spent on each service provided. Your representative must give you a copy of the fee petition and each attachment. If you disagree with the information shown, contact us within 20 days. We will consider the reasonable value of the services provided and tell you in writing the amount of the fee we approve. How Much You Pay The amount of the fee we decide your representative may charge is the most you owe him or her, except for out-of-pocket expenses. It might be different from the amount you agreed to pay. If an attorney represents you, we usually withhold 25 percent of your past-due benefits to pay toward the fee for you. Later, we pay the attorney's fee from this money and send you any money left over. You must pay your representative directly: * the rest you owe - if the amount of the fee is more than the amount of money we withheld and paid your attorney for you. * all of the fee you owe - if we did not withhold past-due benefits; for example, when your representative is not an attorney or the benefits are Supplemental Security Income (SSI); or - if we withheld, but later paid you the money because your attorney did not either ask for approval until after 60 days if the date of your notice of award or tell us on time that he or she planned to ask for a fee. * for out-of-pocket expenses your representative incurs or expects to incur - for example, the cost of getting your doctor's or hospital records. Our approval is not needed for such expenses. If Someone Else Pays Your Representative Even when someone else will pay the fee for you (for example, an a insurance company), we must approve the fee unless: * it's a nonprofit organization or federal, state, county, or city agency that will pay the fee and any expenses from government funds, and * your representative gives us a written statement that you will not have to pay and fee or expenses. If You Go Before A Federal Court The court can allow a reasonable fee for your attorney. The fee usually will not exceed 25 percent of all past-due benefits which result from the court's decision. Your attorney cannot charge any additional fee for services before the court. For More Information If you have any questions about your right to representation, call our toll-free number, 1-800-772-1213. The Social Security Administration treats all calls confidentially--whether they're made to our toll-free number or to one of our local offices. We also want to ensure that you receive accurate and courteous service. That is why we have a second Social Security representative listen to some incoming and outgoing telephone calls. ---------- A Factsheet from Social Security _______________________________________________________________ U.S. Department of Health and Human Services Social Security Administration SSA Publication No. 05-10071 April 1993 How To File An Unfair Treatment Complaint The Social Security Administration wants to treat fairly and equally all claimants and their representatives. We do not treat you differently because of your race, sex, age or disability, the amount of money you have, or any other reason. Below we tell you more about what you should do if you think the Administrative Law Judge (ALJ) who conducted your hearing treated you unfairly. What You Should Do If You Think You Were Treated Unfairly If you think any ALJ treated you unfairly, you should tell us about it and ask us to look into it. You can ask at any time, even while we are deciding your claims for benefits. If you think the ALJ who will conduct your hearing is not fair, you can ask for another ALJ to hear your claim. You should give us your complaint in writing. But you also can tell us about your complaint, and we will write it down for you. Please give us as many details as you can, including: * your name, address, and telephone number; * your Social Security number; * whether you are the claimant or you are making the complaint for someone else; * the name, address and telephone number of the person you are making the complaint for (if not for yourself); * how you think you were unfairly treated, and who treated you unfairly; * when you think you were unfairly treated, and * who else saw or heard the unfair treatment. Also please tell what actions or words you thought were unfair. Where To Send Your Request Anyone in this office or any other Social Security office can help you make your complaint. You also can write to: The Chief Administrative Law Judge Office of Hearings and Appeals 5107 Leesburg Pike Falls Church, VA 22041-3255 What SSA Will Do First, we will let you know promptly that we received your complaint. Someone who has not been handling your claim before will look into the information you gave us in your complaint. After we do this, we will let you know the results. If you are appealing your claim, the Appeals Council will look into your complaint as part of your appeal. The results of the review will be part of the decision on your appeal. If You Are Still Not Satisfied If you think that we are not doing all we have said we would do, please write to: Special Counsel Office of Hearings and Appeals 5107 Leesburg Pike Falls Church, VA 22041-3255 ---------- SOCIAL SECURITY: 24-HOUR TELEPHONE SERVICE SSA Publication No. 05-10082 February 1996 ---------------------------------------------------------------- Social Security's Toll-free 800 Number Service Social Security has toll-free telephone service to provide you, our customer, with a convenient, easy way to conduct your Social Security business. Our toll-free number, 1-800-772-1213, is available any time; you can call 24 hours a day including weekends and holidays. You can speak to a representative from 7 a.m. to 7 p.m. on business days. Who Answers The 800 Number? The employees who answer Social Security s national telephone lines are fully trained representatives, just like the people who help you if you choose to visit a Social Security office. They use computer equipment and have access to your Social Security records. This means you can handle most of your business using the 800 number telephone system. Why Call The 800 Number? We can take care of most of your Social Security business by telephone if you'll call the toll-free 800 number between 7 a.m. and 7 p.m. Following are some of the services available. Call to-- * schedule an appointment to apply for Social Security retirement, survivors or disability benefits, Supplemental Security Income, or Medicare; * change your address; * sign up to send your Social Security benefit check directly to your bank; * report your annual earnings; * find out how work affects your Social Security benefits; For your convenience, automated services are also available 24-hours a day. You can request-- * an application for a new or replacement Social Security card; * a Personal Earnings and Benefit Estimate Statement (SSA-7004) which gives you an estimate of your Social Security benefit based on your lifetime earnings; * a benefit verification (the amount of Social Security benefits you receive each month); or * the location of the closest Social Security office. In addition, you can call after business hours to access the automated service to request-- * a variety of publications, or * general information messages. When Can You Call Us? Our lines are busiest early in the week and early in the month, so if your business can wait, it s best to call at other times. However, if you are planning to file for benefits, you should call us as soon as possible. You can speak to a representative or make an appointment between the hours of 7 a.m. and 7 p.m. on business days. For 24-hour automated service, it is best to call after business hours. Recorded information and services are available after 7 p.m. weekdays and round the clock on weekends and holidays. A recorded message will tell you how to leave your name and address, when needed, so we can complete your request. We'll respond to you by mail. People who are deaf or hard of hearing may call our toll-free "TTY" number, 1-800-325-0778, between 7 a.m. and 7 p.m. on business days. To Help Us Serve You Better When you call, you can help us serve you by having-- * your Social Security number handy, * a list of questions you want to ask, * any recent correspondence you received from us with you, and * a pencil and paper to record information and answers to your questions. Your Privacy Is Important The Social Security Administration treats all calls confidentially--whether they're made to our toll-free numbers or to one of our local offices. When you call, we'll ask you several questions to help us verify your personal identity. If you ask a friend or family member to call Social Security, you need to be with them so we can ask your permission to discuss your Social Security business with that person. We also want to make sure that you receive accurate and courteous service. That's why we have a second Social Security representative monitor some incoming and outgoing telephone calls. Social Security's Toll-Free Number 1-800-772-1213 Internet: http://www.ssa.gov ---------- A Factsheet from Social Security _______________________________________________________________ Social Security Administration February 1997 How to Reach Social Security You don't need to visit a Social Security office to reach Social Security. * Call Social Security's toll-free number, 1-800-772-1213, from 7AM to 7PM, Monday to Friday. Services provided by Social Security representatives between 7AM and 7PM include answers to questions, information about programs and publications, and making appointments at local offices. (The phone lines are busiest at the beginning of the month.) If you have a touch-tone phone, recorded information and services are available 24 hours a day, including weekends and holidays, at 1-800-772-1213. People who are deaf or hard of hearing may call our toll-free "TTY" number, 1-800-325-0778, between 7AM and 7PM, Monday through Friday. * Use Internet to get information. Social Security Online, Social Security's home page at http://www.ssa.gov, includes -- information about programs and publications, -- an online form that lets you request a copy of your earnings record, and -- links to related Internet pages. More than 500 of our local offices have individual pages to serve you better. * If you have a touch-tone phone and a fax machine, call our toll-free number, 1-888-475-7000 to request copies of Social Security documents in our FAX Catalog. Social Security's FAX Catalog is easy to use. When you call, a voice menu leads you through the simple steps to receive documents you seek. Available documents include factsheets, information in foreign languages, talking points on subjects of public interest, research tables and actuarial reports. * If you have a problem, first try calling our 800 number or contacting your local office. Your local office is listed in the phone book blue pages under "U.S. Government." If you still need additional help you may write to the Office of Public Inquiries at: Social Security Administration Office of Public Inquiries 6401 Security Blvd. Room 4-C-5 Annex Baltimore, MD 21235 * If you are an organization or government agency and you need several copies of a publication, contact Social Security's Public Information Distribution Center (PIDC). Call 1-410-965-0945 or send a fax to 1-410-965-0696 to have multiple copies of Social Security publications mailed to you by the PIDC. ---------- End of Document