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Periodically, the Social Security Administration, or SSA, will conduct a review of individuals receiving Social Security disability benefits. The SSA can conduct a review annually or every three to seven years depending on the condition of the claimant and the likelihood the claimant’s condition will improve in the future. In addition, if the claimant is working and beginning to support herself, this may also cause the SSA to conduct a review.
After conducting the review, the SSA will terminate disability benefits if it determines the claimant’s condition is not totally disabling and the claimant is able to perform substantial gainful activity. If the SSA determines that the claimant is no longer disabled according to the SSA’s definition, the social security disability benefits will cease. Referred to as a cessation of benefits, the SSA will notify the claimant by mail of the cessation. Then, termination of social security disability benefits will occur two months after the cessation determination.
The SSA’s decision to cease to provide disability benefits to a claimant is not final. The claimant can appeal the SSA’s determination that the claimant is no longer disabled.
If you receive notice of the cessation of your social security disability benefits, you can appeal the decision. You have 60 days from the date of the cessation notice plus five days to give you time to receive the notice in the mail to appeal the decision. Therefore, you have 65 days from the date of the cessation notice to appeal the SSA’s decision. To appeal the decision, submit a letter in writing to the SSA or request an Administrative Hearing. If you appeal the disability cessation, you may be successful in continuing to receive social security disability benefits.
As stated above, social security disability benefits will continue for two months following the SSA’s decision to stop the claimant’s disability benefits. To continue to receive disability benefits after two months and during the appeal process, you must send a written request within 10 days of receiving notice of the cessation of disability benefits.
If you do not send a written notice within 10 days, you will forfeit the ability to continue to receive social security disability benefits pending the outcome of your appeal. However, there is a risk for the claimant that requests the continuation of disability benefits. If the claimant loses the disability cessation appeal, the claimant is financially liable for all disability benefits received during the appeal process. In other words, the claimant will have to repay to the SSA any social security disability benefits received while awaiting a final decision on the appeal.
If you have questions about why your social security disability benefits stopped, contact an experienced disability attorney. An attorney can answer questions for you and help you appeal the cessation of benefits.