Can You Sue Social Security for Non-Payment?

In most cases, you cannot sue the SSA directly for non-payment of benefits. The SSA is a federal agency, and legal action against it is subject to specific regulations and processes. However, there are steps you can take if your payments are delayed or you believe you are not receiving the benefits you are entitled to.

Appeal the Decision

If your Social Security payments have been denied or delayed, the first step is to appeal the decision. The SSA provides several ways to contest their decision, including:

• Requesting Reconsideration: If your claim for benefits is denied or your payments are stopped, you can request a reconsideration. This is a review of your case by a different SSA examiner to determine if an error was made.
• Requesting a Hearing Before an Administrative Law Judge (ALJ): If the reconsideration is denied, you can request a hearing before an ALJ, who will hear your case and make a decision.
• Appealing to the Appeals Council: If the ALJ’s decision is unfavorable, you can appeal to the SSA’s Appeals Council. They will review your case and determine if the ALJ made any legal errors.
• Filing a Federal Court Lawsuit: If all of the above options have been exhausted and your case is still unresolved, you can file a lawsuit in federal court. This is typically the last resort and should be done with the assistance of an attorney.

Administrative Remedies

Before taking legal action, it’s important to follow the SSA’s administrative procedures for resolving non-payment issues. This includes:

• Contacting the SSA: If you have not received a payment, contact the SSA directly to inquire about the status of your benefits. Sometimes delays are due to processing issues or missing information.
• Tracking Your Claim Status: You can check the status of your claim and payment history by logging into your my Social Security account or calling the SSA’s toll-free number at 1-800-772-1213.

Filing a Complaint

If you believe the SSA has not handled your case appropriately or if you are facing consistent delays, you can file a formal complaint with the SSA’s Office of the Inspector General (OIG). They investigate complaints related to the SSA’s conduct and operations. While filing a complaint doesn’t guarantee a resolution, it is a way to escalate the issue.

Legal Action in Federal Court

If you’ve exhausted all administrative remedies and your issue is still unresolved, you may be able to file a lawsuit in federal court. This is typically the only legal action you can pursue against the SSA for non-payment of benefits. However, suing the SSA can be a lengthy and complex process, often requiring the assistance of an experienced attorney. In federal court, the judge will review whether the SSA has violated any laws or procedures regarding your benefits and payment.