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Tag Archives for notice of proposed termination of benefits

How Does Disability Termination Work and am I at Risk of Losing my Benefits?

As you probably know, Social Security uses a process called “continuing disability review” (CDR) to evaluate approved SSDI and SSI claimants for medical improvement.

If Social Security determines that your medical or mental health condition has improved to the point where you could return to work, they will move to terminate your benefits. If you receive notice of termination you have the right to appeal and eventually to appear before an administrative law judge for a determination of whether you remain disabled under SSA’s rules.

The appeal process is beyond the scope of this article but I do want to emphasize one important issue – if you do receive notice of termination you have to notify SSA within ten (10) days of that notice if you want your benefits to continue while you appeal. If you do nothing, your benefits will terminate and your appeal (which could take a year or longer) will be for the purpose of restarting benefits.

If you choose to have benefits continue, there will be no “past due benefits” so you will not be able to hire a lawyer to assist you under a contingency fee contract. If benefits are terminated, you should be able to find a lawyer to represent you under a contingency fee, but you will have no income for the next year or so. Continue reading →

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?

This type of termination is being processed under something called a continuing disability review (CDR) and we are seeing more and more of these CDR termination notices.

First of all, do not panic. Under 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. Continue reading →

Approved Claimant Returns to Work – Are there any Defenses to a Continuing Disability Review or Termination Action by SSA

How should you prepare for a Continuing Disability Review (CDR) or notice of proposed termination?  It depends on how vulnerable you are to losing.   I received the following question from one of my readers:

I received a letter from SSA saying that they are reviewing my current SSDI benefit and possible to end my benefits due to substantial work between 2004 and now.   I would like to have your advisement how I should handle this and what options I can do to keep my SSDI benefits.   I only have Medicare insurance and living with AIDS.   Also, I am deaf.

My response: Social Security is saying that you engaged in “substantial activity” from 2004 to the present.  “Substantial activity” is a term of art and refers to activity that is work or work like activity.   Substantial activity can be work for pay, volunteer work, school or other similar activites.

In a CDR context, Social Security is most likely looking at your earnings record.  As you know, when you work your employer files copies of all W-2’s and 1099’s generated on behalf of employees.  If you were working and your employer was withholding taxes as the law requires there is a written record of your earnings.

I have posted a table on this blog setting out what you can earn and still fall below SGA (substantial gainful activity).   Social Security will look at your earnings month by month to calculate how many months you exceeded SGA.  You could, in theory, could be asked to repay SSA for each month that you received earnings over SGA and also collected SSDI. Continue reading →

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