Social Security

How My Office Can Help
My office provides support to constituents of the district who are applying for social security benefits or appealing a social security decision.

To request assistance from my office electronically, please use the Online Casework Form, or call my District Office directly at 510-763-0370.

To initiate an application to receive Social Security benefits, you can contact the Social Security Administration online at www.ssa.gov or by calling 1-800-772-1213.

PLEASE NOTE: If your claim is for disability (Social Security or SSI), a medical determination needs to be made. I do not have the authority to influence that decision or the medical expertise to convince them that someone is disabled. I can help in the area of assuring that your claim receives timely and due process, so please let me know if you feel this kind of inquiry is needed.

FAQ

“What is the difference between the various benefits programs?” 

Social Security Retirement Benefits
Retirement Benefits are payable to a retired, fully insured workers as young as 62 years of age. Additional benefits may be available to family members. These benefits are based on the wage earners earnings record. The wage earner must have worked and paid into the social security system a certain number of quarters. A disabled person must have worked under social security five out of the last ten years immediately preceding the onset of the person's disability. Social Security defines disability as unable to perform any substantial gainful employment for 12 months or longer.

Supplemental Security Income (SSI)
This public assistance program is based on proof of financial need AND proof that the claimant is blind, over age 65, or disabled. To avoid overpayment problems, the SSI recipient should always be aware of the kinds of changes that must be reported to the SSI program; changes in income, work activity, medical condition, and living arrangements.

Supplemental Social Security
This insurance is for disabled children. Eligibility depends upon income and resources of the disabled child and the parents or guardians with whom he or she lives.

Social Security Disability
These monthly benefits are payable to an insured person who is under the age of 65 and who is unable to perform substantial gainful activity (SGA) because of medically determinable physical or mental impairment that has lasted or is expected to last for a continuous period no less than 12 months or end in death.

“Who can help me understand this process?”

If you need help finding the whereabouts of your file, the status of your claim, finding missing payments, getting benefit payments started, retroactive payments, getting an explanation in plain English, untangling a difficult computation question, or finding out what recourse you have available to you, contact my District Office.

“Where can I find my Social Security file?”

At any given time, your file might be at the local social security office, at one of the SSA program service centers around the country (Richmond, Chicago, New York, etc.), at the Office of Disability Operations in Baltimore, at the state Disability Determination Service (if a disability decision is pending), at the Office of Hearings and Appeals, or at the Appeals Council. Generally, your best point of contact for problems or status of your claim is the local office. However, if your claim is pending a disability determination, you can contact the disability analyst handling your claim at the Disability Determination Service. Sometimes the delay could be caused by a missing medical report which you could help pry loose from your doctor or hospital.

“What do I do if I have an overpayment that I can not afford to pay back?”

If SSA or the SSI program notifies you that you have an overpayment, you can ask for a waiver of the overpayment on two conditions:

The overpayment was not your fault AND You cannot meet you necessary living expenses if you pay it back.

If an overpayment must be recovered, you should be aware that you do not have to pay it back all at once. You can negotiate a monthly partial payment plan with the SSA.

“What if I do not agree with a decision?”

If your initial claim is denied or if you disagree with a determination of the Social Security Administration, there is a three-step appeals process of which you would be notified. In each situation, you must have to appeal the prior adverse decision within 60 days.

Reconsideration
Based on your request for reconsideration, a different person (from the person who made the original decision) would review your claim and original decision.

Hearing
If you disagree with a reconsideration decision, you can request a hearing. Your file would be sent to the Office of Hearings and Appeals for scheduling with an Administrative Law Judge. At the hearing, you would be able to explain your case to the judge who will be making the decision.

Appeal
If you dispute the decision of the Administrative Law Judge, you can appeal that decision to the Appeals Council in Virginia.

If you have been denied at each of these administrative levels of appeal, your final recourse would be to sue the SSA in court.