August 22, 1997..............................................................Number 56

SPECIAL EDITION

SSI "Redetermination"

The Social Security Administration is reviewing or "redetermining" the eligibility of 288,000 children with disabilities who receive Supplemental Security Income (SSI) benefits. This review reflects changes in Federal law that more strictly define who is eligible for SSI cash payments. Of the 288,000 individuals, approximately 40% have been diagnosed with mental retardation. Very few appeals were filed, perhaps because it was unclear how an appeal could be filed. USA Today, August 15, 1997, stated, "Nearly, 100,000 children have been ruled ineligible for disability payments under tougher guidelines enacted in last year’s welfare reform."

Since there is a great risk of even more children with disabilities being terminated in this mass review, Friday Fax wants to provide parents, parent leaders, and concerned citizens with information on how they can work to assure that no individual who is entitled to SSI benefits lose them. Again quoting from the USA Today article, "Critics say poor children are being treated unfairly. ‘They’ve let a monster out of a cage that’s devouring disabled children,’ said Philadelphia attorney Jonathan Stein, (from Community Legal Services) who won a 1990 Supreme Court case (ZEBLEY) that expanded the definition of disability."

Below you will find What Parents or Guardians Should Do to Appeal the SSI Redetermination, which includes information from a number of other materials, including a brochure developed by the Community Legal Services, Inc. of Philadelphia, . Pennsylvania. Please use, duplicate, and/or distribute this material in any way that is useful.

How Parent Leaders Can Help

The National Parent Network on Disabilities is spearheading a campaign to get each state to request the names of the families that have been notified by the Social Security Administration for "redetermination" or "cut-off" of benefits. Contained in letters from May ’97 and August ’97, Acting Commissioner John P. Callahan wrote to all Governors advising that the Social Security Administration would share names of families with state agencies to assist them in notifying families of the review. The notification could assure that proper review of the decision could be made without the loss of benefits during the appeal process. NPND is preparing a state specific packet for parent leaders in each state. This packet will spell out exactly what parent leaders, individual parents and advocates can do, working together to influence state agencies to take steps to assure proper notification to parents and guardians.For further information regarding the SSI-Appeal Campaign check the NPND Website.

WHAT PARENTS OR GUARDIANS SHOULD DO TO APPEAL THE SSI REDETERMINATION

If your child is receiving Social Security Income Benefits (SSI), you may be receiving a letter from the Social Security Administration informing you that their benefits may or have been terminated. You have the right to appeal within 10 days if you get a letter that says " IMPORTANT NOTICE (YOUR CHILD’S NAME) SSI WILL STOP". If you complete a Request for Reconsideration form within 10 days, your child’s SSI and Medical Assistance will continue during the appeal process. The Request for Reconsideration form will be included in the letter that says your child’s SSI will stop.

The following is very important.

• Go to your local Social Security Administration office or return the information by the requested due date. Promptly deliver or mail all the records showing your child’s disability. Provide the Social Security Administration with the names and addresses of people who have records documenting your child’s disability, even if you don’t have copies of your own. These records can be at hospitals, doctors, therapists, schools, social or mental health agencies. Make copies of ALL information forwarded to SSA.

• If you miss the 10-day appeal limit, you can still appeal if you have a "good cause" reason for missing the deadline. Your child’s SSI benefits will continue if your "good cause" appeal is accepted.

• If you miss the 10-day limit and don’t have a "good cause" for missing it, you still can appeal the SSI cutoff within 60 days of receipt of the letter. Your child’s SSI benefits, however, will not continue during the appeal if you miss the 10-day limit and don’t have a "good cause".

• If you appeal your child’s SSI cutoff, be sure to check the box that says, "I wish to appear at the disability hearing."

• Be sure to ask for a written receipt from your local Social Security office that verifies the day you appealed your child’s cutoff from SSI.

• Get your child’s doctors, teachers, and social workers to write letters for you that help document your child’s disability. Give the letters to the Social Security Administration.

• If your child hasn’t been to the doctor or therapist recently, be sure to start going again.

• Free help is available at your County Assistance Office (CAO) to help you gather the documents needed to prove your child’s disability or appeal a cut off of SSI benefits. Ask for a worker from the Disability Advocacy Program or DAP.

• Call legal services, legal aid, or your local lawyers group – called a Bar Association – for free legal help, if you need help in filing an appeal. Check your phone book for telephone numbers or call directory assistance.

• You can call the Social Security Administration free hotline at (800) 772-1213 if you have questions about your child’s SSI payments.

• Call your local Parent Training and Information Center (PTI) which can provide you with up to date information, or call NPND for the number of the center closest to you.

Remember: you must cooperate with the review or "redetermination" process in order to protect your child’s SSI benefits. Most of all, return information on time and ask for help if you don’t understand what you must do.

Please note some changes in our address, phone and fax numbers.

National Parent Network on Disabilities

1200 G Street, NW, Suite 800

Washington, DC 20005

(202) 434-8686(V/TDD); (202) 638-0509(fax)

Website and E-mail are the same.