If you were receiving Social Security Disability Insurance (SSDI), but your benefits stopped because the SSA felt that your condition had improved, you can still collect SSDI benefits during an appeal if your benefits were ceased.
To do so, you will have to fill out a specific form upon receiving your cessation notice and submit it with your appeal. If you were receiving additional benefits on behalf of dependents living in your household, they will need to fill out the same form, as well, to continue collecting benefits during the appeals process.
What If My Appeal Is Unsuccessful?
If your appeal is ultimately unsuccessful, the SSA might demand that you repay the benefits you received while your appeal was pending. Should this happen, you can apply for a waiver, and the SSA might consider forgiving this money if it believes you submitted your appeal in good faith.
How Do I Continue Receiving Benefits Once I Have Gotten a Cessation Notice?
If you receive a cessation notice that your SSDI or Supplemental Security Income (SSI) benefits are coming to an end, you need to act quickly. You can still collect SSDI benefits during your appeal if these benefits stop, but you have only 10 days to initiate the appeals process, and that includes filing the paperwork to keep receiving benefits while your appeal is pending.
The SSA gives you five additional days to account for the mail time, so 15 days in all, but since the mail can be unpredictable, it is best to file your appeal and your request for continuing benefits as soon as you receive a cessation notice.
SSA Form 95
This 10-day deadline applies only if you are requesting to receive benefits while your appeal is pending. If you prefer to file a traditional appeal and not ask for benefits in the interim, you have 60 days to file.
To file a request for continuing benefits during your appeal, you must fill out and submit SSA Form 95, the Benefit Continuation Election Statement.
Can My Dependents Continue to Receive Benefits While My Appeal Is Pending?
If others in your household are receiving SSDI benefits on your earnings record, you must do two things to ensure they continue to collect compensation while your appeal is pending. First, you must indicate on your Form 95 that you are also requesting continuing benefits on behalf of the others. In addition, each person receiving SSDI on your earnings record must submit a Form 95 of their own requesting continuing benefits.
If I Am Receiving Medicare Along With SSI, Can I Still Get It While My Appeal Is Pending?
You can stay on Medicare while your SSDI appeal is pending, but you must specifically request to do so. You can do this on your Form 95 that you have to submit to continue receiving cash benefits. If anyone else on your earnings record is receiving Medicare, they should do the same.
What if My Appeal Gets Denied? What Is the Next Step, and Can I Still Receive Benefits During This Step?
If the SSA denies your appeal, the next step is to request a hearing with an Administrative Law Judge (ALJ). At an ALJ hearing, you meet face to face with a judge whose job is to adjudicate Social Security disability appeals. The ALJ has unilateral authority to overturn the SSA’s denial of your benefits, so it is important to show up to your hearing prepared to make a thorough, compelling case.
A Lawyer Can Help in an ALJ Hearing
A Social Security disability lawyer is invaluable at this stage in the process. If you have an ALJ hearing coming up or are planning to request one, our team wants to invite you in for a free consultation and case evaluation.
You can extend your continuation of benefits through your ALJ hearing, but you must file another request, and you must do it within 10 days (plus five for the mail) of receiving notice that your initial appeal was declined. Also, you can request to receive benefits until your hearing even if you did not elect to receive them while your first appeal was pending.
What Happens to My Benefits if the ALJ Denies My Claim at the Hearing?
If the ALJ denies your claim, you have another step in the appeals process, which is to take your case to the Appeals Council. But you will not receive benefits while your case is pending at this stage. If the Appeals Council reverses the ALJ’s decision (which is rare), your benefits will automatically start again.
Call 866-628-8179 to Schedule a Free Attorney Consultation to Discuss Your Social Security Disability Claim
If you need help with a Social Security claim, the team at the Law Offices of Ogle, Elrod & Baril, PLLC, can help. Our job is to get you the benefits you deserve. To schedule a free case evaluation, call us today at 866-628-8179.