If the SSA sends a letter telling you that your Social Security Benefits have been suspended because you are in detention, you should be prepared to appeal. You should follow the steps outlined below:
- The first step in the appeal process is a request for reconsideration. The request should be made in writing within 60 days of receipt of the original letter from the SSA suspending your Social Security Benefits. Try to have someone outside (not in detention) send it in, since mail in detention facilities can be unreliable.
- You may fill out Form SSA-561 at https://www.ssa.gov/forms/ssa-561.html, which must include:
- the name of the wage earner (you);
- the Social Security Number of the wage earner (your SSN);
- the type of decision on which you wish reconsideration (e.g., suspension of retirement benefits); and
- why you disagree with the determination.
- If your request for reconsideration has been denied, the next step is to request a hearing in front of an administrative judge.
- The next step is to request a review of the decision by the Appeals Council.
- The next step after that would be to request a hearing in the federal District Court.
At these stages, you will have to proceed “pro se” (on your own without a lawyer) unless you can afford a lawyer or can obtain the services of a free legal services agency. There is no filing fee at the administrative level. There is a filing fee at the District Court level, but you can file “in forma pauperis,” which means the court will waive the filing fee.