Legal Question in Social Security Law in California
Burden of proof in a SSI Appeal case
A SSI claimant has been receiving SSI benefits.
Local SSA office beleives that the current SSI claimant does no longer qualify to receive benefits based on its own reasoning.
In a Request for Reconsideration or in an appeal before the administrative judge who has the burden of proof, SSA or Claimant?
1 Answer from Attorneys
Re: Burden of proof in a SSI Appeal case
When a claimant is being cut off from receiving benefits because SSA believes they have "improved", the burden is on the SSA to show 1) that there is improvement and 2) that this improvement leads to the ability to work on a sustained basis (perform Substantial gainful activity- SGA). Usually the first part is true, most people do improve from the date they were awarded. However, the argument remains as to whether this improvement actually leads to an ability to engage in SGA. It is this second part that is usually where you can win. Please note that although the law says that SSA has the burden of proving improvement and an ability to work, in reality, you will have to prove you can't work.
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