The content of this post is provided for general information. Note that my firm does not offer representation for continuing eligibility reviews (CER). We offer representation in Title 2 disability, and in some cases, Title XVI - SSI cases.
I often receive calls from a Social Security or SSI beneficiary who is undergoing a continuing disability review (CDR). More often I get calls from an individual who has had a CDR and been notified that his/her benefit is being stopped.
If you are told by Social Security that your disability or SSI benefit is being stopped because the result of CDR was unfavorable, here is what you need to do immediately (and you only have 10 days).
Write a letter to your local Social Security office. You need to state 2 things in the letter: (1) I disagree with your decision to stop my benefits and wish to appeal that decision. (2) I want to continue receiving benefits pending the outcome of the appeal.
Sign and date the letter. Write your Social Security number on the letter. If possible, hand deliver the letter to the Social Security office and have them give you a stamped and dated receipt. Keep a copy of the letter. If you cannot deliver the letter to Social Security, mail it to them by certified mail and get a return receipt from the post office to prove the letter was delivered.
You have 60 days to appeal a decision based on a continuing disability review (CDR). But, you only have 10 days to request that your benefit check continues to be paid during the appeal. Social Security should receive that request (as explained above) within 10 days of the notice stating that your benefits will be terminated. Phone calls do not protect your rights under the law and they are difficult to prove. Deliver your request for appeal in writing. Note that if you lose the appeal, the benefits paid during the appeal will probably be considered overpayment and you may have to repay that money. So file the appeal if you believe you have a good case.
Finally, it is difficult to find an attorney or advocate to represent you with a CDR case. You may need to look online at www.nadr.org to see if a member of NADR is interested in taking the case. They have a referral program that can direct you to a member in your area.
Question: I called Social Security on the phone and the person I spoke with said the phone call was good enough and there was no need to send a written appeal notice. Is the phone call enough?
Answer: No. No. No. While the person you spoke with has good intentions, the phone call will not protect your rights under the law. Your appeal should be in writing, as described above. There is a form you should complete at the Social Security Office (in addition to your letter). But telephone calls do not provide protection for your rights. Put it in writing.
