does the social security administration have to give a title xvi, ssi recipient a hearing before reducing the benefit?

benefits were reduced by ssa 2 days after the recipient was notified. a rule was in affect that if the recipient (rec) asked for a recinsideration the benefit would remain the same untill the appeals process was over. this rule was in place to suffice the procedural due process of Goldberg v kelly. she asked for a reconsideration naming the worker that initially took the benefit faild to adhere to that rule. She also asked to reconsider the reason. the rec also filed a federal district claim for mandamus to force the worker to follow the rule or in the alternate to force ssa to hold a deprivation hearing. the attorney general has moved to dismiss because of failure to exhaust and mootness. thats because the reconsideration worker found that what was alleged was untrue. changed the reason - Is this your question? Add additional information
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Answers (1)

Jonathan H Levy

Jonathan H Levy Avvo Pro

Contributor Level 9
I'm not going to research your case for you but I would agree with your reasoning, SSA must provide notice and a chance for reconsideration. While the reconsideration is being considered, the benefit reduction is usually stayed if requested by the recipient subject to overpayment collection if the recipient loses the appeal. However your federal court action may be premature until you have exhausted your SSA administrative remedies.
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