What to Do When Your Social Security Disability Benefits are Going to Be Cut Off?
November 24, 2017
You have received a dreaded notice from the Social Security Administration that they will be ending your disability benefits because your medical condition has improved to the point that you are no longer disabled. While your first reaction might be one of sheer panic, take a breath and pay attention. You are facing what is called a continuing disability review (CDR) and you can appeal the SSA’s decision. Your benefits will end two months from the date of the notice, but you can choose to continue receiving benefits while you appeal the SSA’s decision, but you will have to move quickly.
Filing a benefit continuation election statement
You will need to file a benefit continuation elections statement. The language for this statement can be found on the Social Security Administration’s Program Operations Manual Systems (POMS) website. The language is just a guide that you can modify to fit your specific situation.
You must file your statement within ten days of the date you received the benefits termination letter. To be safe, you may want to hand deliver the letter to your local Social Security office and request a receipt to guard against delays in the mail. You should be aware that if you choose to have your benefits continue while you appeal and you lose, you will be required to pay back the benefits you received beyond the termination date.
The continuing disability review process
You will be required to provide updated medical information, what treatments you have been undergoing, the nature of your daily activities and whether you are working. Your state Disability Determination Service (DDS) will review your case and decide if you continue to qualify for disability benefits.
Filing for reconsideration of your benefits
If the DDS decides that your medical condition is no longer disabling, your next step will be to file a request for the reconsideration of your disability benefits. You can file an appeal by visiting your local Social Security Office. Your appeal must be received within 65 days of the termination notice. To appeal the DDS’s decision, you will have to provide evidence that proves their determination is incorrect and that you are still disabled enough to qualify for benefits. Having an experienced Social Security Disability lawyer to help you develop an argument for why your benefits should continue is crucial to your success.
If you have received a notice that your disability benefits are going to end, you must act quickly because the deadlines for appealing the decision are short. Talk with a Philadelphia SSDI attorney right away to discuss your options.
A Philadelphia Social Security Disability lawyer from Larry Pitt & Associates can discuss the claims and eligibility processes in getting the benefits that you deserve. You are invited to contact us or call 888.PITT.LAW for further information, discussion, or representation in these matters. We serve clients throughout Berks, Bucks, Chester, Delaware, Montgomery, and Philadelphia Counties.