Social Security Disability Definitions
Social Security Disability and SSI Overview
The Requirements for Disability
Social Security Disability and SSI Applications
Tips and Advice for Disability Claims
How long does Disability take?
Common Mistakes after Receiving a Disability Denial
Disability Denials and Filing Appeals
Social Security Mental Disability Benefits
Disability Benefits offered through Social Security
Benefits through SSI disability
Disability Benefits for Children
Disability Qualifications and How to Qualify
Social Security Disability and Working
Winning your Disability Benefits
Social Security Back Pay and the disability award notice
Disability Lawyers and Hiring an Attorney
Social Security Disability SSI List of Conditions
What is considered a Disabling condition by Social Security?
Social Security Disability SSI and Medical Evidence
Filing for Disability Benefits
Eligibility for Disability Benefits
SSDRC authored by Tim Moore
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If Your Disability Benefits Are Stopped Can You Get Them While You Appeal?
If an individual is receiving Social Security disability or Supplemental Security Income disability, their disability claim will come up for periodic continuing disability reviews.
These reviews generally occur every three or seven years depending upon the likelihood that an individualís disabling condition is going to medically improve. A seven year continuing medical review "diary date" is given to disability beneficiaries who have very little chance of medical improvement and this is the case when a person's impairment is considered to be a permanent disabling condition by Social Security.
Other than periodic continuing medical reviews, work activity can sometimes trigger a CDR, or continuing disability review, for Social Security disability beneficiaries. So what happens if an individual receives a notice that their disability benefits are being stopped because Social Security has determined that they are no longer medically disabled?
If an individual receives a notice that Social Security is stopping their disability benefits, they have the right to appeal that decision. Social Security disability medical cessations have the same sixty day appeal period that is afforded to disability appications and appeals that are denied. T
The appeal period begins with the date of the denial notice plus an extra five days for the time it take for the beneficiary to receive the notice. Therefore, the total timeframe for requesting an appeal for a cessation of disability benefits is 65 days.
As long as an individual appeals their disability cessation, there is a chance that their cessation could be overturned at a state disability agency hearing or at an administrative law judge disability hearing.
The dilemma most disability beneficiaries face is whether to request, during the time of the appeal, disability payment continuation or not. Individuals who are notified that their benefits will be ceased and choose to appeal the cessation can elect to have their benefits continued while they appeal. If an individual chooses to file for disability benefit continuation, they have ten days, plus the five days for mailing of the decisional notice, to request payment continuation.
Now this option seems good and it is good if an individual has no other money coming in to pay their financial obligations. In fact, most disability beneficiaries have no choice but to ask for benefit continuation.
So what is the dilemma? An individual should be mindful of the fact that if they lose their disability cessation appeal, they are financially liable for any disability benefits paid to them while they were going through the appeal process. This means that a very substantial overpayment to the Social Security Administration could be created while a disability beneficiary is waiting for the final decision as to their eligibility for disability benefits.
Return to: Social Security Disability Resource Center, or read answers to Questions
Information on the following topics can be found here: Social Security Disability Questions and in these subsections:
Frequently asked questions about getting Denied for Disability Benefits | FAQ on Disability Claim Representation | Info about Social Security Disability Approvals and Being Approved | FAQ on Social Security Disability SSI decisions | The SSD SSI Decision Process and what gets taken into consideration | Disability hearings before Judges | Medical exams for disability claims | Applying for Disability in various states | Selecting and hiring Disability Lawyers | Applying for Disability in North Carolina | Recent articles and answers to questions about SSD and SSI
These pages answer some of the most basic questions for individuals who are considering filing a claim.
Filing for disability - How to file for SSD or SSI and the Information that is needed by Social Security
How to Apply for Disability - What medical conditions can you apply and qualify for?
Applying for Disability - How long does it take to get Social Security Disability or SSI benefits?
What happens if I file a disability application and it is denied by a disability examiner or Judge?
How to Prove you are disabled and qualify to win disability benefits
How do you prove your disability case if you have a mental condition or impairment?
Social Security Disability Back pay and How Long it Takes to Qualify for it and receive it
Social Security Disability SSI - Eligibility Requirements and Qualifications Criteria