Social Security Disability Intends to Cut You Off: What Should You Do?
What should you do if you receive a notice from Social Security that they have reviewed your case and determined that your medical condition has improved such that you are no longer disabled, and that your benefits will be cut off as of a certain date?
Do Not PanicUnder Social Security's rules you will have an opportunity to contest SSA's termination decision. You can also choose to continue receiving your benefits while the CDR evaluation process drags on - this can take a year or longer.
Second, you need to take action fairly quickly. If you want your benefits to continue while the CDR appeal process drags on, you need to file a benefit continuation election statement. The language for this statement is contained in Social Security's Program Operations Manual System (POMS) here: https://secure.ssa.gov/poms.nsf/lnx/0412095171 but there does not appear to be an actual form for this statement.
You can put your statement on form SSA-795 but this would require a good bit of typing or writing. Below is a sample form requesting that SSA continue with both your SSDI benefits and your Medicare coverage. Your requirements may be different so you can modify this form as you wish.
File Your AppealWhen you appeal a benefit termination you will need to file a Request for Reconsideration. This is the same reconsideration form and medical report that you likely completed back when you originally filed for benefits. Your reconsideration appeal must be filed within 60 days from the date you received your termination notice.
If Reconsideration Denied, Request a HearingYour reconsideration appeal will likely take 4 to 6 months to be decided. If your appeal is denied, you will need to request a hearing. This is the same type of hearing that you had previously when you were seeking disability benefits.
Are You Likely to Face a Continuing Disability Review?While Social Security has increased the number of continuing disability reviews and efforts to terminate benefits, many of these actions seem to be focused on claimants who were approved based on "invisible" illnesses like:
Another trigger for review and termination seem to be cases where an approved claimant is not seeking on-going medical care, or when care is limited to visits to a family doctor or internist and not to a specialist.
These are the same areas of concern that we see with new applicants for benefits. You stand a much better chance at winning if your medical condition can be visualized with an objective test like an MRI, CT, ultrasound or other medical test, and if your record shows treatment and support from a specialist as opposed to a family doctor.