If you are unhappy with a decision made by SSB on your case, you can ask for an impartial hearing. This is like a judicial hearing, but it is not a court trial. The hearing is handled by an administrative law judge (ALJ).
Ask for an impartial hearing in writing, within 60 days of the date you got the written notice about the counselor’s decision. Your letter should be sent to:
Director of State Services for the Blind
2200 University Ave. W., #240
St. Paul, MN 55114-1840
The hearing must be held within 45 days from when you ask for it. You have the right to be represented by an advocate. A lawyer from the Attorney General’s office represents SSB at the hearing.
You can bring any information or witnesses that you think can help your case.
After the hearing, the administrative law judge issues a written decision.
- Commissioner’s Review of ALJ's decision:
Within 20 days after the written decision, either party can ask for a Commissioner of the Minnesota Department of Employment and Economic Development to review the decision. You can submit more information at this stage if you think it might help your case.
The Commissioner can’t overturn the administrative law judge’s decision unless there is “clear and convincing evidence” that the decision is “clearly erroneous (wrong).” The Commissioner makes a final decision within 30 days of the request for review. The decision must be in writing and must include a full report of the findings and grounds for the decision.
- Judicial Review:
Either party can bring a civil action in state or federal court for review of the commissioner’s decision. Civil lawsuits must be filed within 30 days of the final decision.
It is best to get legal help for this kind of case as soon as possible. Time deadlines are very strict in these kinds of cases.
The final decision of the Commissioner is still in place during judicial review. This means that that you or SSB can’t file a civil lawsuit to keep a decision on your case from going into effect.