WHY CAN SSDI DISABILITY PAYMENTS BE STOPPED?

Two things can stop your Social Security disability (SSDI) payments:

1)  If you work at "substantial gainful activity" it will stop your benefit payments.  In 2016, earning at least $1,130 per month is generally considered substantial.  The amount is $1,820 for blind individuals.

2)  If your medical condition improves to the point that you are no longer disabled, your benefits may be stopped.  Continuing disability reviews (CDR) are mandated by law.  These generally occur about every 3 years for most claimants, especially those under age 50.  Getting your doctor to write a statement that your medical condition has not improved will often be enough to stop the review and protect your benefits.

However, if you get a notice that your SSDI benefit is being terminated, you should file an appeal immediately.  There are 2 different approaches to a CDR cessation appeal:

 1)  You may appeal within 60 days of the cessation notice.  However, this will not continue your check during the appeal process.

 2)  You must appeal within 10 days of the cessation notice if you wish to continue your check pending the outcome of the appeal.  However, if you lose the appeal you will probably have to repay these benefits.

 What forms do I need to appeal a CDR Cessation of Benefit?

1.  Immediately file Form SSA-0789-U4.  This is a simple one page form with basic information like your name, address, telephone number and the reason you disagree with the decision to stop your benefit.  A reason may be as simple as, "I believe that I am still disabled."

2.  As soon as possible, file Form SSA-3441-BK, Disability Report - Appeal.  This is a longer form providing medical and treatment information.  Complete this form carefully and in detail, leaving nothing blank.

 3.  Try to get your doctor to give you a letter stating your medical condition and the fact that your condition has not improved.  This will support your appeal and help you win.

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