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When the SSA decides to terminate a person’s SSDI benefits

When a person receives a negative decision from the government when it comes to Social Security Disability Insurance benefits, they typically do have the option to challenge the decision. This is not only the case for denials of applications for benefits, but also decisions to end a SSDI recipient’s benefits.

Now, there are deadlines present when it comes to challenging a negative SSDI-related decision. Today’s post will be focused on the deadlines related to challenging a Social Security Administration decision to stop paying benefits to an SSDI recipient.

Generally, the deadline for requesting an appeal of such a decision is 60 days following the SSDI recipient receiving the SSA letter notifying them of the decision. An even earlier deadline has to be met if the SSDI recipient wishes to request a continuation of their benefits while the appeal is being decided. This earlier deadline is 10 days following receiving the notification letter.

Now, when SSDI recipients miss these deadlines, are they automatically out of options?

SSDI recipients may find it relieving to hear that the answer to this question is no.

For one, there are special circumstances under which an SSDI recipient who has been notified that their benefits are being stopped could be allowed to request an appeal and/or a continuation of benefits during the appeal consideration period even if they missed the applicable deadline. The SSA may still accept such requests after the applicable deadline if it finds that the requesting individual had a good reason for missing the applicable deadline.

Also, if an SSDI recipient does end up missing their opportunity to appeal a stop-benefits decision and is unable to get a “good reason” exemption, they generally still have the option of putting in a new application for SSDI benefits. As a note though, submitting a new application can have some big disadvantages as compared to appealing a stop-benefits decision.

As this illustrates, a roadblock or problem when it comes to SSDI benefits doesn’t have to be a dead end. Rather, there may be ways for a person to get around the roadblock/problem so they can get the benefits they deserve. So, when a person encounters SSDI-related roadblocks/problems, they may want to promptly have a discussion with a skilled Social Security disability attorney about their options.

Source: Social Security Administration, “Your Right to Question the Decision to Stop Your Disability Benefits,” January 2016

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