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KEEPING YOUR DISABILITY BENEFIT

The US Congress is looking into ways to keep the Social Security Trust Fund solvent.  One way is to reduce spending.  But no politician wants to cut Social Security benefits because that would likely be the death knell to their political career.


What Congress has done is to mandate more "Continuing Disability Reviews" (CDRs).  The idea is, review the individuals who are getting Social Security disability checks and determine if they are still eligible.  If they have sufficient medical improvement they can be found "no longer disabled" and their benefits can be stopped.  Congress estimates that this will save 12 billion dollars.


If you are a disabled individual, what it means for you is that you have to keep one hand on your wallet and one eye on Social Security.


Nearly every beneficiary who is drawing a Social Security disability check is already scheduled for a review. These are scheduled at intervals of 1, 2, 3 or 5 years, usually.  So they are not a new idea.  But now Social Security has the money to carry out all the reviews that the Congress has mandated.


I do not believe there will be any wholesale terminations of benefits.  Most people who have a continuing eligibility review will continue to receive their checks.  Here is what you should do when your turn for a continuing eligibility review rolls around.


1.  Respond promptly to Social Security's request for information.  If you ignore these requests it will not make the review go away.  Failure to cooperate with the review process is likely to get your check terminated, at least temporarily. 


2.  If you aren't sure about answering all the questions on the review forms, get a relative, your attorney or someone you trust to help complete the forms.  Keep copies.


3.  If you are one of the few people who get a notice that your benefits are being suspended, terminated or reduced - act immediately. Write to Social Security within 10 days of the date you received the notice of termination or suspension.  State two things in the letter:  (A) You disagree with the decision and wish to appeal.  (B)  You want your benefits to continue pending the outcome of the appeal.


The 10 day rule is very important.  You have a right to continue receiving your check while you appeal an unfavorable decision.  But you must ASK to keep receiving your benefits.  It is not automatic.  And you must ask in writing within 10 days of receipt of notice that your benefits are going to be stopped.  Take or mail your appeal letter to any Social Security office. (Remember, a phone call does not protect your rights under the law, no matter what anyone tells you).


Clarification:  You will hear that you have 60 days in which to appeal an unfavorable decision by Social Security.  True. But you only have 10 days to request that your benefit check continue while the appeal is being processed.  After 10 days you lose that right and you are not paid while the appeal process goes on--and that could be several months.  So, protect that benefit with a written appeal within 10 days and ask that your benefits be continued during the appeal.  


My firm helps the disabled with Social Security disability appeals.  To contact a local advocate, click on the link below.  This link will take you to my website - not to a Social Security website.


Protect your rights under Social Security Law. Get the help you need. Click here to see our website and more information.



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