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Goldberg on Life Support at the Social Security Administration

By Gerald A. McIntyre & Rachel Gershon

The Social Security Administration commonly fails to comply with its governing regulations and with the constitutional principles set forth in Goldberg v. Kelly when it processes appeals of proposed reductions or suspensions of benefits. The agency’s handling of the first stage of appeal, requests for reconsideration, is particularly rife with due process violations. The agency also commonly mishandles disputes on overpayments and treats appeals of findings of overpayment as requests for waiver of overpayment. Advocates, too, sometimes fail to perceive the critical distinction and should take care not to confuse appeals with waiver requests.

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