Social Security disability beneficiaries have certain rights when they are informed that their benefits will stop. They have a right to appeal any decision stopping their benefits, but also have to right to continue benefits during the appeal process. Below is information from Social Security outlining a claimant’s right when they have been informed their benefits will stop.
The Right To Appeal
Social Security wants to be sure that every decision made about your Social Security or Supplemental Security Income (SSI) claim is correct. If we decide that you no longer have a qualifying disability, and you disagree with that decision, you can appeal it. This means we’ll look at your case again to see if our decision is correct. When you ask for an appeal, we’ll look at the entire decision, not just the part you disagree with. If our decision was wrong, we’ll change it.
How much time do I have to appeal?
You have 60 days to ask for an appeal of our decision to stop your disability benefits. The 60 days start after you get our letter telling you that your benefits will stop. We assume that you got our letter five days after the date on it, unless you show us that the letter took longer to reach you.
Will my payments continue during the appeal?
If you ask for an appeal within 10 days after the date you receive our letter, you can also request that your payments continue while we’re making a decision on your appeal. If you’re late in asking for your payments to continue, you still may be able to get payments during the appeal if we find that you have a good reason for being late. You may request that your payments continue during the first two levels of appeal — the reconsideration level and the hearing level. Social Security can explain both levels.
Will I have to pay back the money I receive during my appeal?
If your payments continue during your appeal, and you lose the appeal, we’ll ask you to pay back some or all of the money. However, you won’t have to pay us back if you cooperate with us during the appeal, and we find that you need the payments for your usual living expenses. If you need more information about situations that don’t require you to pay us back, let us know.
Will my medical assistance continue?
If your SSI stops, any medical assistance you have that is based on SSI also may stop. If this happens, your medical assistance agency will contact you.
Contacting Social Security
The most convenient way to contact Social Security anytime, anywhere is to visit www.socialsecurity.gov. There, you can: apply for benefits; open a my Social Security account, which you can use to review your Social Security Statement, verify your earnings, print a benefit verification letter, change your direct deposit information, request a replacement Medicare card, and get a replacement 1099/1042S; obtain valuable information; find publications; get answers to frequently asked questions; and much more.
