If you are receiving Social Security disability benefits and you receive a Medical Cessation Determination (a letter/notice that you are no longer eligible for benefits because SSA believes your condition has stopped or improved so much that you no longer meet their criteria for benefits), you can appeal this decision.
The appeal is typically due 60 days from the date on the notice. If you appeal within ten (10) days, you can ask that your benefits continue pending your appeal. Meaning, you will continue to receive your monthly payment until a decision is made. However, keep in mind, if you are unsuccessful, you will most likely have to pay that money back. You will receive an Overpayment Notice telling you how much the total you must pay back to SSA for the months they decided you should not have been paid. If you are successful, your benefits will resume after the decision.
If you choose not to keep your benefits pending appeal, and you win your appeal, meaning you should have been receiving benefits for the months after SSA stopped paying you, you will receive back pay for the past-due benefits you should have received.
~ Rebecca Cervenak
Rebecca is part of our team of lawyers fighting to get our clients disability benefits in Ohio. After graduating from Bowling Green State University, she went to law school and worked in San Diego before moving back to Ohio to join our team of Cleveland SSD lawyers. Watch Rebecca’s full video on this topic by clicking here.