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EPN-Your Rights

YOUR RIGHTS:

As a Social Security beneficiary, it’s crucial to understand your rights to protect your benefits and ensure fair treatment. This comprehensive guide will help you navigate the complex world of Social Security rights and responsibilities.  Also see rights by benefit type below.

  1. Right to Apply: You have the right to apply for Social Security benefits at any time.

  2. Right to Fair Treatment: Your location, race, gender, or political affiliation should not affect your eligibility for benefits.

  3. Right to Appeal: You can appeal decisions made about your benefits, including the need for a representative payee or the choice of a specific payee.

Social Security offers several types of benefits:

  1. Retirement Benefits

  2. Social Security Disability Insurance (SSDI)

  3. Supplemental Security Income (SSI)

  4. Survivors Benefits

Each type has specific eligibility criteria and application processes.

If you have a representative payee:

  1. Your payee must use your benefits for your current needs first.

  2. Any remaining funds should be saved or invested on your behalf.

  3. Your payee cannot use your funds for their personal expenses.

  4. You have the right to request a change in payee if you believe it’s in your best interest.

If you’re receiving disability benefits:

  1. You have the right to attempt to return to work without immediately losing your benefits.

  2. You must report any medical or work status changes to the Social Security Administration.

  1. Your benefits cannot be put into another person’s account.

  2. Conserved funds must be returned if your payee changes.

  3. You cannot be charged for payee services unless authorized by the SSA.

  1. You have the right to receive clear explanations about benefit decisions.

  2. You can create a “my Social Security” account to manage your benefits online.

You have the right to seek legal assistance when dealing with Social Security matters, especially for complex cases or appeals.

You must report certain life changes that may affect your benefits, such as:

  1. Changes in work status or earnings

  2. Marriage or divorce

  3. Changes in living arrangements

  4. Improvement in medical condition (for disability benefits).

Understanding these rights empowers you to protect your benefits and ensure you receive the support you’re entitled to. Always stay informed about any changes in Social Security policies, and don’t hesitate to seek clarification from the Social Security Administration when needed.

Rights by Benefit Type

  1. Right to Apply: You can apply for retirement benefits at any time once you reach age.

  2. Right to Work: You can continue working while receiving retirement benefits, though earnings may affect your benefit amount if you’re under full retirement age.

  3. Right to Spousal Benefits: Your spouse may be eligible for benefits based on your work record, even if divorced (if married for at least 10 years).

  4. Right to Appeal: You can appeal decisions about your benefits if you disagree with them.

  5. Right to Representation: You can choose a qualified individual (attorney or non-attorney) to represent you in dealings with the SSA.


Advice: Keep track of your earnings if working while receiving benefits. Report any changes in income promptly to avoid overpayments.

  1. Right to Apply: You can apply for SSDI if you have a qualifying disability and sufficient work credits.

  2. Right to Family Benefits: Your spouse and children may be eligible for benefits based on your work record.

  3. Right-to-work Attempts: You can attempt to return to work without immediately losing your benefits.

  4. Right to Appeal: You can appeal decisions about your disability status or benefit amount.

  5. Right to Representation: You can choose a representative to help with your SSDI claim.


Advice: Keep detailed medical records and report any changes in your condition or work status promptly to the SSA.

  1. Right to Apply: You can apply for SSI if you’re 65 or older, blind, or have a disability, and have limited income and resources.

  2. Right to Appeal: You can appeal decisions about your SSI eligibility or benefit amount.

  3. Right to Representation: You can have someone help you with your SSI claim.

  4. Right to Interpreter: If you don’t speak English well, you have the right to a free interpreter.

  5. Right to Review Records: You can ask to see or get copies of the information in your SSI records.


Advice: Report any changes in your living situation, income, or resources promptly, as these can affect your SSI eligibility and benefit amount.

  1. Right to Apply: Surviving spouses, children, and, in some cases, parents of deceased workers can apply for survivor benefits.

  2. Right to Work: Survivors can work while receiving benefits, subject to earnings limits if under full retirement age.

  3. Right to Appeal: You can appeal decisions about your survivors’ benefits.

  4. Right to Choose: If eligible for both retirement and survivor benefits, you can choose which benefit to receive.

  5. Right to Representation: You can have a representative help with your survivor’s benefits claim.


Advice: If you’re eligible for multiple types of benefits, consult with the SSA to determine which option maximizes your benefits.

  1. Right to Fair Treatment: Your benefits should not be affected by your race, gender, or political affiliation.

  2. Right to Privacy: Your personal information is protected by law.

  3. Right to Manage Benefits: You can choose how to use your benefits unless you have a representative payee.

  4. Right to Timely Payments: You have the right to receive your benefits on time according to the established schedule.

  5. Right to Information: You’re entitled to clear explanations about benefit decisions and can request information about your benefits.

  1. Right to Apply: You can apply for SSI if you’re 65 or older, blind, or disabled, with limited income and resources.

  2. Right to Fair Hearings: You can request a hearing if you disagree with decisions about your SSI eligibility or payment amount.

  3. Right to Continued Payments: You can request that your payments continue during an appeal process.

  4. Right to Expedited Reinstatement: If your SSI stopped due to work activity, you can request quick reinstatement within 5 years without a new application.

  5. Right to Work Incentives: SSI recipients can take advantage of various work incentives without immediately losing benefits.


Advice: Keep detailed records of your income and resources, and report any changes promptly to avoid overpayments or underpayments.

  1. Right to Apply: Spouses and children of retired, disabled, or deceased workers may be eligible for benefits based on the worker’s record.

  2. Right to Multiple Benefits: If eligible for benefits on more than one record, you can choose the highest benefit amount.

  3. Right to Benefits While in School: Children of beneficiaries can receive benefits until age 19 if they’re full-time students in elementary or secondary school.

  4. Right to Disabled Adult Child Benefits: Adults disabled before age 22 may receive benefits on a parent’s record.

  5. Right to Equal Treatment: Same-sex spouses have the same rights to family benefits as opposite-sex spouses.


Advice: Review your family members’ potential eligibility regularly, especially after life changes like marriage, divorce, or a child’s 18th birthday.

  1. Right to Apply: Some veterans born before 1926 who served in active U.S. military service and are eligible for SSI may qualify for Special Veteran Benefits.

  2. Right to Combine Benefits: These benefits can be received in addition to other Social Security benefits.

  3. Right to Appeal: You can appeal decisions regarding Special Veteran Benefits.


Advice: If you’re a veteran receiving SSI, inquire about your eligibility for Special Veteran Benefits, as they’re not widely known.

  1. Right to Apply: A surviving spouse or child may be eligible for a one-time payment of $255 when a Social Security beneficiary dies.

  2. Right to Timely Payment: This benefit should be paid promptly after the death is reported to Social Security.

Advice: Report the death to Social Security as soon as possible to ensure timely processing of this benefit.

Remember, Social Security benefits and policies can change. Always verify current information with the Social Security Administration and report any changes in your circumstances promptly to maintain your eligibility and avoid potential overpayments.

Advice: Stay informed about your rights and responsibilities as a beneficiary. Regularly review your benefit information and report any discrepancies or changes in your situation to the SSA promptly.