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If Social Security Decides You Are No Longer Disabled


If you and your doctor feel you are still unable to work, appeal within the time stated in the notice.  

There is an option to appeal within ten (10) days to permit continuation of your income and Medicare coverage until the appeal is determined. To start the appeal, you have to personally go to the Social Security office within the ten (10) day period. (You cannot file online or over the telephone).

About the continuation of disability income: Note that if you lose your appeal, you will be asked to pay back the money, including all checks you received after Social Security determined that your period of disability ended (which is two months after the date Social Security said you are no longer disabled.)

If you don't appeal within 10 days, or turn down the right to continue to receive benefits during the 10 day period, you do not have the chance after those 10 days to elect to receive continued benefits again until you get the notice that you have been turned down at the first level of appeal which is known as Reconsideration. You also get the right again if you appeal to an Administrative Law Judge.

If you're asked to give money back to Social Security, you do have the right to ask that the request be waived -- that you don't have to give the money back. Social Security can waive the repayment, or reduce the amount you have to repay, or give you a period of time over which to repay the money. When you ask for a waiver, include all the information you can think of that would help persuade a person that you shouldn't have to give the money back. For example, you appealed in good faith, you and your doctor believed that you were not able to work, you needed the money for your basic expenses like rent and food, and the like.

Medicare: Even though you may have to pay back money after Social Security determines you are no longer disabled, you do not have to repay any Medicare benefits you received while your appeal was being decided.

For information about the levels of appeal, see CDR Appeals.

For the bset chance of continuing to receive SSDI: People who appeal with professional help have a better chance of continuing to receive SSDI than people without such help. For more information on finding an appropriate professional, see Hiring a Representative.

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