Appealing the termination of disability benefits

On Behalf of | Jan 2, 2019 | social security disability

Some Indiana Social Security recipients may face periodic continuing reviews and other types of scrutiny directed toward their disability benefits. In most cases, reviews occur automatically every three to seven years to determine if a recipient is once again medically able to work. While people whose disabilities are considered permanent by Social Security tend to have seven-year review dates, these can come more frequently for others. In other cases, reports that a person was engaging in some type of work may spark a more sudden review of a disability case.

In such instances, the recipient may receive a notice that their disability benefits will be halted because the agency has decided that they are able to return to work. Recipients who receive this type of notice have a right to appeal the decision; they have 60 days after receiving the notice to file an appeal, just like applicants whose benefits claims are initially denied. In some cases, people who appeal the termination of their disability benefits can be successful in receiving Social Security disability once again through a hearing at a state disability agency or before an administrative law judge.

During this appeal period, recipients can choose to request continuation of their payments while the appeal is pending. Many people are essentially forced to choose this option, especially if they are still too disabled to work. Recipients typically have no other income to support themselves. However, if they lose their appeals, they could be required to repay the total sum of these payments to Social Security as an overpayment.

Those who receive a notice of termination for disability benefits do not have to go through the appeal process alone. An attorney handling Social Security disability can help a client present the strongest case possible to retain their much-needed benefits.