TN 13 (11-10)

SI 02003.045 IAR Appeals

Under the eIAR system, SSA determines the amount of IAR due the State, the months in the IAR period, and the remaining amount of retroactive SSI benefits due the individual. This process limits the issues for which the individual can file an appeal with the State.

A. Policy for when IAR may be appealed

1. Individual's right to appeal to the State

  • An individual has the opportunity for a State hearing if he or she disagrees with the State's actions during the IAR process.

  • An individual is not entitled to a Federal appeal on the State's actions regarding repayment of interim assistance.

2. Individual right to appeal to SSA

An individual has a right to appeal to SSA if he or she disagrees with SSA’s determination of the:

  • amount of IAR paid to the State;

  • months in the IAR period; or

  • remaining amount of SSI due the individual.

B. Procedure if individual requests appeal of IAR

1. Individual protests payment of SSI to IAR agency

Explain to the individual that he or she signed the reimbursement authorization and can appeal this issue only to the State. Refer the individual to the appropriate state agency.

2. Recipient protests the amount of SSI paid to the State

Offer the individual the opportunity to file an appeal through the regular SSI appeals procedures. For information about appeals, see SI 04005.010, Overview of the Administrative Review (Appeals) Process for SSI.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0502003045
SI 02003.045 - IAR Appeals - 11/19/2010
Batch run: 11/24/2010
Rev:11/19/2010