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When SSD benefits payments stop, the SSA can be challenged

Many people in the United States are recipients of Social Security disability benefits. For those people, SSD benefits are a major part of their monthly income and those benefits enable them to meet the various expenses and obligations of everyday life. Therefore, if the Social Security Administration suddenly stops payment of SSD benefits, the situation becomes difficult.

According to existing rules, every beneficiary has the right to question the SSA if the agency stops paying the recipient for any reason. According to the rules, a beneficiary has a period of 60 days from the receipt date of the SSA's communicating about stopping benefits. In certain cases, the SSA will allow an appeal after the 60-day period; however, in those cases, the beneficiary must have a valid reason for the delay.

One important point to remember here is that if a beneficiary files an appeal within 10 days of receiving the SSA's communication about stopping SSD benefits, that beneficiary can request the benefits to continue until the first two levels of the appeal process are completed. However, if the appeal is not successful, the beneficiary must return all or some of the benefits that were received during the appeal.

In the event of a rejected appeal, a beneficiary may file a new claim. However, it is important to remember that filing a new application and appealing a decision made by the SSA is not the same thing. If a beneficiary files a new claim, the person's existing benefits may be affected; the SSA has the power to deny the new application or the benefits may not continue during the appeals process.

The SSA's rules and regulations pertaining to SSD benefits claims and appeals are often complicated. In view of such complications, many people choose to consult an experienced SSD attorney. An attorney will understand the entire process based upon their experience in dealing with the SSA over various claims and appeals on a regular basis.

Source: SSA.gov, "Your Right To Question The Decision To Stop Your Disability Benefits," accessed on May 21, 2015

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Alan E. DeWoskin, P.C.
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