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Gerald's Tip of the Week

 



 

Your disability benefits have been cut off. Now what can you do?

This is the nightmare. You fought long and hard to win your Disability but now Social Security has reviewed your claim and says you have improved and are no longer disabled. This is what you can do:
  1. File a “Request for Reconsideration” appeal within 10 days to challenge the decision that you are no longer disabled. If you file this appeal within the 10-day deadline, your Disability benefits will continue until the Reconsideration decision.
  2. If you miss the 10-day deadline, still appeal within 60 days to challenge the decision that you are no longer disabled. However, your Disability benefits will not continue while you wait for a Reconsideration decision and will only be reinstated if you win.
  3. Make Social Security prove there has been “medical improvement” in the condition that led you to being declared disabled in the first place. To rightfully suspend your benefits, Social Security must show there has been sufficient improvement in your medical condition since the date of your prior favorable decision that now allows you to work.
  4. Exceptions to #3 are exhausting the Trial Work Period (TWP) or failing to attend a Consultative Exam (CE) with a Social Security doctor. Social Security is not required to prove medical improvement if you have exhausted the TWP or if you missed a CE appointment.
  5. If you get a Reconsideration denial, file a “Request for Hearing” appeal within 10 days to challenge the decision that you are no longer disabled. If you file this appeal within the 10-day deadline, your Disability benefits will continue until the Hearing decision provided that the benefits continued after the original Cessation notice. Even if you miss the 10-day deadline, still appeal within 60 days to challenge the decision. However, your benefits will not continue while you wait for a Hearing decision and will only be reinstated if you win. If you fail to appeal within 60 days or if you lose the Hearing, all the benefits you were paid after the original Cessation notice will be an “overpayment” you owe back to Social Security.
In summary, all is not lost if you receive a Cessation notice. However, you must act quickly.
 
 
REASONS WHY SOCIAL SECURITY WILL DENY YOUR DISABILITY CLAIM
 
TIME LIMITS THAT APPLY TO VIRGINIA WORK COMP CLAIMS
 
THE ACCEPTED VIRGINIA WORKERS' COMPENSATION CLAIM
 
THE DENIED VIRGINIA WORKERS' COMPENSATION CLAIM
 
RISKS OF MOVING OUT-OF-STATE DURING YOUR VIRGINIA WORK COMP CLAIM
 
SOCIAL SECURITY DENIED MY DISABILITY CLAIM BECAUSE I DON'T HAVE ENOUGH WORK QUARTERS TO QUALIFY
 
WHY CAN'T I SUE FOR PAIN AND SUFFERING FOR A VIRGINIA WORK INJURY?
 
BEWARE OF THE WORK COMP NURSE CASE MANAGER
 
 
HIGH BLOOD PRESSURE AND YOUR WORK COMP CLAIM
 
WHY CAN'T I DO THE VIRGINIA WORK COMP HEARING MYSELF?
 
VIRGINIA WORK COMP INJURY AND RELEASE TO LIGHT DUTY
 
VIDEO SURVEILLANCE WARNING TO INJURED WORKERS
 
SEXUAL ASSAULT AT WORK IN VIRGINIA – WORK COMP OR PERSONAL INJURY CLAIM?
 
NECK INJURY VS. ARM INJURY AT WORK – THEY ARE NOT THE SAME IN VIRGINIA
 
WHY AN INJURED WORKER SHOULD SIGN A VIRGINIA WORKERS' COMPENSATION AWARD AGREEMENT
 
VOCATIONAL PLACEMENT IN A VIRGINIA WORKERS' COMPENSATION CASE
 
VETERAN UNEMPLOYABILITY RATING AND SOCIAL SECURITY DISABILITY
 
IMPORTANCE OF MEDICAL EVIDENCE IN A DISABILITY CLAIM
 
INCREASED PENALTY FOR VIRGINIA EMPLOYERS FAILING TO CARRY WORK COMP INSURANCE
 
REPORT EVEN MINOR WORK INJURIES AND SEEK MEDICAL TREATMENT IMMEDIATELY
 
VIRGINIA WORKERS' COMPENSATION COST OF LIVING ADJUSTMENT
 
INJURED AT WORK AND THE INSURER REFUSES RETRAINING