For the past few years, you were receiving monthly Social Security disability benefits. You didn’t panic when you got the routine notice from the Social Security Administration (SSA) that your eligibility was being reviewed. However, now that you have received notice that the SSA no longer finds you disabled, you are frightened. You believe the SSA is wrong and you plan to appeal the agency’s decision.
But What Will Happen to Your Benefits During the Appeal?
If the SSA stopped your benefits because of an alleged improvement in your medical condition then you have the right to appeal. You may be able to keep your benefits during the appeal process if you:
- File within ten days of receiving notice of cessation of benefits. More specifically, you need to file two things within ten days: (1) a Request for Reconsideration; and (2) a Benefit Continuation Election Statement.
- File within ten days of having your Request for Reconsideration denied. If the SSA denies your reconsideration request then you have ten days to file (1) a Request for Hearing; and (2) a Benefit Continuation Election Statement. It is important to refile the Benefit Continuation Election Statement even if you filed it when you filed a Request for Reconsideration.
The Benefit Continuation Election Statement should be filled out completely and include information about why your benefits should continue.
However, before you file anything with the SSA it is important to know that if your appeal is denied and you are found no longer eligible for Social Security disability then you may have to pay the benefits back in some cases. Accordingly, it is important to understand your rights before you file an appeal. For more information about the appeals process, please read the related links and follow us on Facebook to stay up to date on important Social Security disability news.
by Paul B. Burkhalter Managing Partner of Morgan & Weisbrod, Board Certified in Social Security Disability Law.