How To Appeal Early Termination of Long Term Disability Benefits

When your claim for long-term social security disability benefits was approved, there was a notice attached to it stating the frequency a CDR would be held. A CDR is a Continuing Disability Review, and this is performed in either 1, 3, or 7 year increments, depending on the nature of your disability (more severe conditions don’t typically need to be reviewed as frequently). The Social Security Administration reviews all original case files and any updated medical and/or applicable employment information and attempts to determine whether the claimant still meets the administration's criteria for continuing to receive the given disability benefits. Should the information show that the claimant’s impairment has improved, the claimant will be subject to an early termination of benefits. Appealing this determination by the administration includes a four step process.

Appealing The Termination of Disability Benefits

There are several steps to appealing the termination of disability benefits:

• The first step is to ask for a reconsideration of the adjudicator’s decision to deny benefit continuance.
• This action will result in your case being handed off to a different disability claim adjudicator.
• This individual will most likely request new and updated information, so be prepared to provide any documentation asked for. 
• The new adjudicator will then review the entire case history along with the current status of the claimant.
• If the adjudicator overturns the decision to discontinue benefits, your claim will be reinstated and you will be repaid back pay for payments stalled.
• If the adjudicator agrees with the original decision, you will then ask for an appeal hearing.

Your Appeal Hearing

If your request for reconsideration is denied, you will have to formally request an appeal hearing by filing for it with the determination office. The hearing will deal directly with your entire medical record and current status, as well as with the reason your disability benefits were discontinued. Your appeals hearing won’t necessarily take place in a location close to you, so be prepared to travel if need be. If the judge presiding over your appeal hearing does not overturn the previous adjudicators decisions, you will then have to either accept the judgment or file for another appeal with an adjudicating law judge and enter a new appeal hearing with a different judge.

Getting Help

If you are approaching the idea of appealing any decision made by the Social Security Administration, your first action taken should be to obtain the services of an attorney that specializes in disability regulation. This individual will assist your process by giving you the information you need and completing the paperwork required by the administration for reversing the decision to discontinue a claimant’s benefits.