If you depend on Supplemental Security Income, there’s nothing scarier than receiving a notice that your benefits are going to be terminated. Notice often comes following a Continuing Disability Review. Fortunately, you have a right to appeal the decision by filing SSA form SSA-789.
You will want to file form SSA-789 as soon as possible after receiving notice your SSI benefits will be discontinued. If you file within ten days of receiving notice, it is possible to continue receiving benefits while the case is being reviewed. If your request for re-determination is filed more than 60 days after receiving notice of discontinuation, you will have to provide an acceptable explanation as to why you did not file sooner.
The form is not difficult to fill out, but it is important that you fill it out completely and accurately. You will also want to include any additional information which the SSA may not have considered. This includes any changes in the status of your disabling conditions.
The top of form SSA-789 is dedicated to basic personal information such as your name and Social Security number. If you are filing for SSI, you will also be required to include your spouse’s information.
The next portion of form SSA-789 allows you to explain why you disagree with the determination to stop your SSI benefits. You will want to include all information regarding on conditions that prohibit you from maintaining employment. If you are filing the form 65 days after the date on the form, you will also need to include the date you received the notice and the reason why you are filing late.
The following portion gives you space to include additional information. Include information that supports your inability to resume working. If you are not sure what to include, consider consulting a Social Security lawyer for help.
You will need to indicate whether you want to have an actual hearing or just reconsideration. In most cases, it is to your advantage to have a face to face hearing. If English is not your primary language, you should also check the box indicating that you need an interpreter. You are entitled to an interpreter at no cost in whichever language you are most comfortable speaking.
Finally, make sure to sign and date form SSA-789. Fill out all personal and contact information correctly and in its entirety to ensure that the SSA can reach you to schedule a hearing or inform you of any decisions regarding your claim.
