How do I Appeal a Cessation of Disability Benefits?
If the Social Security Administration determines that you are no longer eligible for Social Security Disability benefits (SSDI or SSI), they can issue a "Cessation of Disability Benefits" or, in other words, stop your disability payments.
The reason why your benefits have been terminated often affects your right to appeal the decision; however, in most cases, beneficiaries can request that the SSA reconsider the decision. To do so, you must complete additional forms and submit new documentation to support that you are still eligible for disability benefits.
To begin your appeal, you must complete form SSA-789-U4, which is the “Request for Reconsideration—Disability Cessation Right to Appear” form.
To continue receiving benefits during your appeal, you must fill out and submit this form within 10 days of receiving notice of the termination. It is important to remember that you will be expected to repay any benefits you receive during the appeal process if you end up losing.
If you do not wish to have your benefits continue during the appeal process, you must complete and file a separate form—form SSA-789-U4. You have 60 days from the notice of termination to complete and submit this form.
When you complete form SSA-789-U4 you are allowed to submit additional information about your medical condition. It is important to include any new medical evidence you may have. This includes contact information for your treating physician(s) and any copies of new documentation you have to support your claim for continued eligibility.
On the SSA-789-U4 form you will be asked to specify whether or not you wish to appear in person for an appeal hearing.
If you choose not to appear in person, you’ll receive an additional form in the mail from the SSA which you’ll need to complete and send back in. This form is to clarify that you fully understand your right to appear at a hearing and that you have indicated that you don’t wish to appear in person.
Whether you appear at your hearing or not, you are required to complete form SSA-3441-BK, the “Disability Report – Appeal” form. When completing this form, you are asked for updated contact and medical information. The “Disability Report—Appeal” provides another opportunity for you to include any new documentation and evidence supporting your claim for SSD benefits.
Once your appeal hearing is scheduled, you’ll receive a notice of the hearing location and date. You will be asked if you intend to have a lawyer present at the hearing and if you will have any witnesses appearing on your behalf. If you’ve decided to appear at the appeal hearing, you must keep the appointment. Failure to appear will result in your appeal being dismissed and your benefits will be terminated.
Submitted by: Molly Clarke