Sometimes, the government will stop paying Social Security disability payments after performing a Continuing Disability Review (CDR). This decision can be financially devastating for the people who depend on these payments. If you find yourself in this position, all is not lost. You can appeal the cessation and request a hearing to reconsider your claim. Following are some guidelines to help you through your appeals process.
Filling out the forms
As part of your request, you will need to fill out two forms.
– Request for Reconsideration Form
The “Request for Reconsideration” is a single-page form that asks for your basic information. There is a place for you to make a statement about why you disagree with the CDR’s decision to stop your benefits. This form must be completed within 60 days of your denial
– Disability Report – Appeal Form
This form gives you the opportunity to update your medical information with the SSA while your appeal is being reconsidered. Be as detailed as possible when filling out this form.
Make a request
Along with the forms, you must make a formal request to the state disability determination agency’s hearing office. After you make your formal request, it will be reviewed by a qualified staff member. If the staff member determines that a reversal of the cessation is in order, your appeal ends there.
Disability Office Hearing
If you do not have a favorable request, the appeal will be brought to a disability office hearing officer who has special training to review the medical and legal issues that are involved. If the hearing officer determines that a reversal is warranted, your appeal ends there.
Administrative Law Judge (ALJ) Hearing
If you do not get a favorable result, you will move on to the next step, the hearing. The hearing takes place in front of an ALJ. The judge will carefully consider your argument before making a final decision. If the judge accepts your appeal, the process ends. If the judge denies your appeal, you can make two more appeals, one to the Appeals Council and one to the Federal District Court. The process for each step is the same as the one before.
Preparing for the hearing
Once your hearing is scheduled, go to your local disability determination office and review your file. Make any changes to it that will make it more updated and accurate. Make sure to specifically review the following parts of the file:
– Reported work record
– Medical records
– Residual Functioning Capacity (RFC) forms
– The SSA’s technical rationale forms
There are a lot of small details that can have a large impact on your CDR cessation appeal. So, it is a good idea to have some legal assistance along the way. If you are planning to file a CDR cessation appeal, contact a Social Security disability lawyer in Cleveland, Ohio to help you through the process. You will be glad you did.