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How to file for disability, Filing for SSI
Disability Requirements, Disability Status
How long is the wait?, Disability Application
The Social Security List of Impairments
Qualifying for Disability, Mental Disability
Disability Lawyer Info, Disability Back Pay

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 individual’s 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.



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.








Essential Questions

What is the Social Security Disability SSI list of impairments?

Can you work while getting or applying for Disability?

How Often Does Social Security Approve Disability The First Time You Apply?

Tips for getting Social Security Disability or SSI benefits approved

What medical conditions will get you approved for disability?

What kind of Mental Problems Qualify for Disability?

Receiving a Disability Award Letter

Conditions Social Security will recognize as a disability

Previously answered questions regarding SSD and SSI

Applying for disability in your state



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Social Security Disability SSI Questions

The listings, list of disabling impairments

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Disability Lawyers prevent unnecessary denials

How much Social Security Disability SSI back pay?

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Filing a Social Security Disability SSI application

Filing for disability - when to file

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How to Prove you are disabled and Win your Disability Benefits

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Who can help me file for disability?




Related pages:

How long does a disability appeal take?
How long does it take to get a disability check after approval?
How long does it take to get approved for disability?
Will my disability case be reviewed after I have been approved for disability benefits?
How does the Social Security Disability Review work?
The, CDR, or Continuing Disability Review, for SSD and SSI claims
Advice for a Social Security Disability Continuing Review
What will trigger a review of a Social Security Disability claim?
Are SSDI and SSI Benefits Normally Continued After A Continuing Disability Review?
How Often Does Social Security Disability Review Cases?
Can You Lose Your Social Security Disability Benefits When Your Case Is Reviewed?
What Should I Expect at my Social Security Disability Review if I am working part-time?
How long can you receive SSI or Social Security Disability benefits?
Is there a time limit for how long you can collect Social Security Disability or SSI benefits?
If Your Disability Benefits Are Stopped Can You Get Them While You Appeal?
What is a Social Security Disability or SSI work CDR?
What are the qualifications for disability in Texas?
How much can I get from Social Security Disability in Texas?
Get a qualified disability attorney, lawyer in Texas



These pages answer some of the most basic questions for individuals who are considering filing a claim.

Can you get temporary Social Security Disability or SSI benefits?

Permanent Social Security Disability

What is the difference between Social Security Disability and SSI?

Who is eligible for SSI disability?

Can I Be Eligible For SSI And Social Security Disability At The Same Time?

What makes a person eligible to receive disability benefits?

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?









For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic of Social Security Disability and SSI benefits in an article entitled "The Disability Mess" and also by the Los Angeles Times on the subject of political attempts to weaken the Social Security Disability system.

The goal of the site is to provide information about how Social Security Disability and SSI work, the idea being that qualified information may help claimants pursue their claims and appeals, potentially avoiding time-consuming mistakes. If you find the information on this site helpful and believe it would be helpful to others, feel free to share links to its homepage or other pages on website resource pages, blogs, or social media. Copying of this material, however, is prohibited.

To learn more about the author, please visit the SSDRC.com homepage and view the "about this site" link near the bottom of the page.