Public Benefits Info

PROGRAMS
APPLICATION PROCESS
RIGHT TO APPEAL
APPEAL TIME LIMITS
APPEALING TERMINATIONS OF BENEFITS
GOOD CAUSE FOR LATE FILING
PERIODIC REVIEWS and REPORTING REQUIREMENTS
OVERPAYMENTS
UNDERPAYMENTS

PUBLIC BENEFIT PROGRAMS

Social Security, SSI, Welfare (TANF/FI), food stamps, and Medicaid are the 5 major public benefits programs created by federal and state laws to help the poor, elderly and disabled.  All public benefit programs share common features discussed in this flyer, but the way the features work in each program can be different.

APPLICATION PROCESS

Public benefits are not automatically awarded to anyone.  You must apply.  Apply for Social Security/SSI at your local SSA office, Food Stamps, Medicaid and FI at your local DSS office.

You have the absolute right to apply.  Do not rely on the verbal advice of a friend, relative, or even someone at the agency where you are applying.  That person may or may not know all the exemptions/exclusions and be up to date on changes in the law.  If you file a written application, the agency must then give you a written denial if you are turned down which explains why you were denied and what law or regulation applies.  If you want to appeal, you must have been given a written denial.

RIGHT TO APPEAL

You have the right to appeal any decision made by a public benefit program.  The written denial will tell you why you were denied and give you information on where to file an appeal and the deadline to appeal.  All programs have a deadline to appeal.

It is a good idea to consult with an attorney, but do not let the deadline pas while you are waiting to see an attorney.  Go ahead and file your appeal to protect your deadline!  You and/or your attorney can later amend (change) your grounds for appeal and/or add to your appeal.  You can always voluntarily dismiss an appeal with no penalty if you later decide you don't want to appeal or don't have grounds.

APPEAL TIME LIMITS

The statutory time limits for filing appeals for public benefit programs are as follows:
 

 
The time limit starts to run as of the day after the date shown on the denial.

APPEALING TERMINATIONS OF BENEFITS

Periodic and special reviews can result in your benefits being terminated.  You have the right to appeal the termination.  The time limits are the same as in the chart above.   BUT, if you want to continue receiving benefits while your appeal is going on, you must appeal within 10 days.

MAKE SURE YOU CAN PROVE YOU FILED THE APPEAL AND FILED IT IN TIME!

Either hand deliver your appeal to the agency and ask for a copy of your appeal stamped "received," or mail your appeal by certified mail, return receipt requested.  The burden of proving your appeal was timely filed is on you.
 

GOOD CAUSE FOR LATE FILING

It is sometimes possible to extend the deadline if you can prove you had "good cause" for missing it (some examples might be that you were in the hospital, your house burned, etc.)  Consult with an attorney if you believe you may have good cause for late filing.
 

PERIODIC REVIEWS and REPORTING REQUIREMENTS

All public benefit programs have review provisions, and if you receive benefits you have the responsibility to report any changes in your income or assets or living arrangements to the agency issuing the benefits within 10 days.  (Exception: persons receiving Social Security disability only do not have to report inheritances, gifts, or asset changes, although they do have to report any income from their own work efforts.)  Failure to report timely can result in overpayments and even sanctions.

OVERPAYMENTS

The agency issuing your benefits will notify you in writing of the amount of the overpayment and reason you were overpaid.  You have the right to appeal regarding the amount or existence of the overpayment. Appal deadlines are generally the same as for denial/cessation.

REPAYMENT OF OVERPAYMENTS

Even if you were overpaid, in the SS/SSI programs, the overpayment can be "waived" (forgiven) if you can prove the overpayment was not your fault and repayment would result in severe financial hardship.

If you are overpaid food stamps or TANF, you must repay the overpayment even if you are not at fault.  However, in Food Stamps, if it is shown that you were at fault, you may be sanctioned (punished) by being taken off the program for different time lengths if it is shown that you deliberately withheld information or provided false information.  If you don't think the overpayment of FS or TANF was your fault, or, you just made an inadvertent mistake, you may wish to appeal. Consult with an attorney for more information about your rights.

Even if you must repay the overpayment, you may be able to negotiate repayment terms.

UNDERPAYMENTS

If you think you were underpaid on back benefits, you have the right to file an appeal and request the benefits you believe you are entitled to.  The time periods to file are generally the same as for denial/cessation.

(c)2001 Palmetto Legal Services

The information in this pamphlet is for public education only and should not be taken as legal advice. If you need legal assistance or advice on a specific problem you should consult an attorney.  If you have a very low income, you may be eligible for legal services.  Call the Legal Services Office listed below to apply. If you have an administrative deadline or hearing date or are elderly or disabled, contact your local Palmetto Legal Services office directly.

Palmetto Legal Services is a South Carolina legal services provider. Most laws differ from state to state. Even federal laws can be administered differently in different states.

We are providing this information as a public service. We try to make it accurate as of the date indicated for each brochure. Sometimes the laws change. We cannot guarantee or promise that this information is always up-to-date and correct. If the date provided is not within the past year, call us and ask for an update.

LEGAL AID TELEPHONE INTAKE SERVICE (STATEWIDE)
1-888-346-5592 (toll free); 803-744-9430

PALMETTO LEGAL SERVICES FIELD OFFICES

Columbia Office
(Fairfield, Newberry, and Richland Counties)
1-888-799-9668 (toll free)
1-803-799-9668

Lexington Office
(Aiken, Lexington, and Saluda Counties)
1-800-280-1851(toll free)
1-803-359-5154

Orangeburg Office
(Allendale, Bamberg, Barnwell, Calhoun, and Orangeburg Counties)
1-800-522-9354 (toll free)
1-803-533-0116

Sumter Office
(Sumter County)
1-803-773-1471

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