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SSI Eligibility & Appeals

Knowing your state’s SSI program

Establishing disability

  • Disability is one part of the two-part SSI eligibility test.
  • Adults must establish that they cannot work at the substantial gainful level.
  • Children under age 18 must establish severe deficits in functional activities at school and at home.
  • Both adults and children can establish disability or statutory blindness with medical evidence alone if they meet criteria for a listed impairment. See the Adult Listings or Childhood Listings.

Establishing financial eligibility

  • Financial eligibility is one part of the two-part SSI eligibility test.
  • Countable income and resources must be within SSI program limits.
  • Other income, after subtracting income exclusions, gets subtracted from the SSI base rate (the Federal Benefit Rate plus any optional state supplement).
  • SSI requires countable resource of no more than $2,000.
  • For children under age 18, part of the parent(s)’ income and resource may be counted to determine SSI eligibility and payment amount.
  • At age 18, the SSI program no longer counts any part of the parent(s)’ income and resources.

The medical Continuing Disability Review (CDR)

  • The medical CDR is one of two medical reviews all SSI youth may face (the other is the Age-18 Redetermination).
  • Most SSI recipients will face a medical CDR every 3 to 5 years.
  • The reviewer will look at medical records and other relevant records (including educational records for a child under 18) to determine if there is medical improvement.
  • Even if there is medical improvement, SSI will continue unless the improvement means the individual no longer meets the disability criteria.
  • If the review results in benefits being terminated, a written notice goes to the recipient explaining their appeal rights.

The Age-18 Redetermination

  • One of two medical reviews all SSI youth may face (the other is a medical CDR).
  • At age 18, an SSI beneficiary will have a redetermination to determine if they meet the adult standard of disability.
  • Unlike the medical CDR which looks for medical improvement, the Age-18 Redetermination is considered a new, initial determination.
  • If the review results in benefits being terminated, a written notice goes to the beneficiary explaining their appeal rights.

Appealing an SSI denial or termination

  • An appeal is available if a medical CDR or Age-18 Redetermination results in a termination of benefits.
  • The SSI applicant or beneficiary will receive a denial or termination notice.
  • The notice will explain how to appeal and the time limits for appealing (generally 60 days after getting the notice).
  • If you appeal by mail, it is always best to go to the Post Office and pay extra to send your appeal by Certified Mail, signed receipt requested. Keep your receipts to document when you mailed the appeal and when SSA received it.
  • The notice will explain how to request that SSI continues during the appeal and the time limits for making this request (generally 10 days after getting the notice).
  • When the appeal goes to an Administrative Law Judge (ALJ), SSI can continue until the judge issues a written decision.