If the SSA cuts off my disability, what do I do?

All claims for Social Security Disability benefits get reviewed at different times after you are approved. These are generally dependent on the facts of your case. When it is time for your case to be reviewed, the Social Security Administration will contact you to get updates on your status and treatment. They will pull your medical records to determine whether or not they still consider you to be disabled.

If they determine that you no longer qualify for a disabling condition, the SSA will send you a letter terminating your benefits. You will still receive your SSDI benefits for two months after they determine that you are no longer disabled to the point that you cannot work. If you feel that their decision is unfounded, you have the right to begin the appeals process for SSDI and appeal their decision, similar to the way in which you can appeal a denied claim for disability. A qualified Social Security disability attorney will help you prepare an appeal to that decision.

If your appeal is filed within ten days after you receive your termination of benefits letter from the Social Security Administration, you may elect to continue receiving your benefits while they process your disability appeal. In this case, you will continue to be paid until they make a decision on your case. If the judge agrees with you that you are still disabled, then your benefits will continue. If your judge determines that you are not disabled any longer, the Social Security Administration will declare that you have been overpaid the monies you elected to continue receiving during your appeal.

If your appeal is not filed within ten days, you are still able to appeal their decision to terminate your Social Security disability benefits as long as they receive your appeal within sixty days of your receipt of the termination letter. However, if you have not filed within the ten day time limit, the SSA will suspend your benefits until a judge decides on your appeal. A qualified disability lawyer will help you through this phase of the appeals process.

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