HELP! SOCIAL SECURITY SAYS I’M NOT DISABLED ANYMORE BUT I STILL CAN’T WORK!
There are many reasons why Social Security may send you a letter stating that you are no longer considered disabled and they are terminating your benefits, which Social Security Disability attorneys commonly refer to as “a cessation.”
Most commonly, it is because your claim was medically re-evaluated and the review team determined you are no longer disabled. Social Security periodically contacts people receiving Social Security disability benefits for updated medical treatment information, and it is extremely important to fill out those forms when you receive them and to return them. Failing to return the forms can be construed as evidence that you are not in treatment. Even if you do fill out those forms when you receive them, Social Security disability claims can be medically re-evaluated for many other reasons. Sometimes this is done because it was reasonable to expect your condition to improve drastically in two or three years (for example, this is common in some organ transplant-based claims). Sometimes it happens because your file got pulled for a periodic review, which generally happens every few years (although Social Security is historically not consistent about this). Social Security also does random reviews, and your file can be selected for one those as well.
Cessations can also be triggered by non-medical review related factors. The IRS reports wage earner data to Social Security on a periodic basis, and may report something associated with your Social Security number which looked like wages. Benefits can also be terminated because Social Security lost contact with you (so it is important to keep Social Security updated with your current address information!). It can happen because something has changed that means you no longer technically are eligible for the benefit program you are on. The most common example of that is when children who are on children’s SSI “age out”—children on SSI are NOT automatically transferred to adult SSI—but this can occur in many other program types as well.
If you believe you are still unable to work due to your conditions, you have the right to appeal that decision, but you must act quickly, especially if you would like benefits to be continued while the appeal is ongoing (you do risk ending up in an overpayment situation if you are ultimately unsuccessful in proving you are still disabled, so you have to consider very carefully whether you want to ask for benefits to be continued). The standard to appeal a cessation is different than the standard to determine that you are disabled in the first place. So even if you were successful on your own original application for benefits, it is advisable to consult with an attorney if you are appealing a cessation.
We provide representation in cessation cases, although those sorts of claims may be subject to different fee arrangements than initial claims and appeals (as governed by Federal law). Please contact us for more information if you would like a consult with respect to cessations, overpayments, or other kinds of Social Security Disability benefit issues.
Call for appointment with attorney Alicia A. Hutchinson regarding Social Security Disability ……….. 732-382-6070