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How to Appeal a Termination of SSDI Benefits

If the Social Security Administration (SSA) believes that your medical condition is no longer disabling ” and, therefore, you don’t meet the criteria to receive Social Security Disability Insurance (SSDI) benefits ” you will be notified that your monthly payments will stop.

Fortunately, you can appeal a cessation of disability benefits, asking the SSA to reconsider their decision. And if you act quickly enough, you can continue receiving SSDI payments during the appeals process.

Social Security disability appeal help

The Disability Cessation Appeal Process

To appeal a termination of SSDI benefits, the first step is to request reconsideration. At this point, the decision may be reversed. If that doesn’t happen, you can ask for a hearing before an administrative law judge.

If the judge upholds the cessation of disability benefits, the appeals process follows a similar path as that for an initial SSDI claim denial. The next course of action is to request a review from the Social Security Appeals Council. In the event the council doesn’t reverse the decision to stop your SSDI benefits, you can take the case to the Federal District Court.

Forms and Information You’ll Need for an Appeal

If you want to appeal a termination of SSDI benefits, you’ll need to fill out and submit form SSA-789. This form, the “Request for Reconsideration ” Disability Cessation Right to Appear,– requires you to explain why your SSDI payments shouldn’t stop. You can and should submit any new medical evidence that supports your claim with the form.

To continue receiving SSDI benefits during the appeals process, you must submit the form within 10 days of the date on the notice from the SSA. If for some reason you don’t want your payments to continue, you have 60 days to file the form.

If your claim progresses to the hearing stage, you’ll need to submit form SSA-3441-BK, which is called the “Disability Report ” Appeal.– The document is used to update your medical information, and it must be filled out by you or your representative, not your health care provider.

Get Expert Help Fighting a Termination of Benefits

At Mountain West Disability, we understand how to navigate the disability cessation appeals process ” and our highly experienced team can guide you every step of the way.

We’re ready to help you fight for your SSDI benefits, and you can count on us make every effort to show that you continue to meet the criteria for disability. From filling out and submitting the required paperwork to representing you at SSA hearings and providing the expert assistance you need, we’ll be there for every stage.

If you’ve received a notice of cessation from the SSA and you don’t want your SSDI benefits to stop, contact Mountain West Disability in Murray, Utah, today.

How Long Can You Receive Social Security Disability Benefits?

If you’re thinking about filing an application for Social Security disability benefits, you may be wondering what happens if you receive an approval. Will you continue getting monthly payments for the remainder of your lifetime? Or will that stop at some point?

No one is guaranteed to receive lifelong payments, but many people do. In certain situations, however, the SSA terminates benefits. Here, the professional team at Mountain West Disability explains what you need to know.

SSDI duration

Benefits Can Continue Until You Reach Retirement Age

Once you are awarded Social Security disability benefits, you may continue to receive monthly payments until you reach the age of retirement as long as you remain unable to work. At this time, you won’t be disqualified – instead, your payments will become either Social Security retirement income or Supplemental Security Income (SSI) for the elderly.

Why You Could Stop Receiving Disability Benefits

If medical care or rehabilitation improves your condition in the future, you may no longer have a qualifying disability – and that would bring your benefits to a stop. The SSA will conducts periodic assessments, known as continuing disability reviews (CDR), to determine if you meet the medical requirements to continue receiving benefits.

Your monthly payments could also stop if your income becomes too high. Disability benefits are meant for people who cannot work, and earning enough money on your own may end your eligibility.

Do You Qualify for Social Security Disability Benefits?

Knowing that you could potentially receive benefits until retirement age – or at least until your medical condition or earning situation improves – should help put you at ease. Being disabled and unable to work is incredibly stressful, but at least now you can see that your financial future can be brighter.

However, the first step is to apply and get approved for benefits. SSI is a needs-based program, designed for low-income individuals. Disability Insurance Benefits (DIB), on the other hand, provides monetary assistance to those who have paid enough in Social Security taxes when previously employed. The experienced advocates at Mountain West Disability can determine which program you qualify for – and you can count on our team to work hard to secure an approval.

We never charge upfront fees for our services, and we’ve helped hundreds of disabled individuals start receiving cash benefits. We’d be happy to answer your questions, assist with your SSI or DIB application and provide you with peace of mind. For more information on Social Security disability benefits, contact us online or call our office in Murray, Utah, today.

Decisions on SSD Claims – Fully Favorable vs. Partially Favorable

After you apply for Social Security Disability benefits or appeal an SSD claim denial, you’ll eagerly await a decision. And, of course, you’ll be hoping for an approval.

However, approval comes in one of two forms – and the judge may grant either a fully favorable or partially favorable decision. What’s the difference? For an easy explanation, read on.

How do social security disability claims work

Fully Favorable Decision

A fully favorable decision is the ultimate goal, the best possible outcome for a Social Security Disability claim.

If your Notice of Decision letter is fully favorable, it means that the judge has found you disabled – and that the judge agrees that the alleged onset date (AOD) listed on your claim is the date your disability began. As such, you’ll receive the maximum in retroactive Social Security disability benefits, otherwise known as back pay.

Partially Favorable Decision

A partially favorable decision certainly isn’t the worst SSD claim outcome – it does mean you’ll receive disability benefits, after all.

However, a decision that’s partially favorable means that you’ll receive less in back pay. The reason? The judge believes that you are disabled, but doesn’t agree with the AOD on your SSD claim. The Notice of Decision will include an established onset date (EOD), which is later than the date you indicated. As a result, your retroactive disability benefits will be reduced.

Can You Appeal a Partially Favorable Decision?

If you receive a partially favorable decision, you have the right to file an appeal – but before doing so, you’ll need to give the matter careful thought.

In some cases, the difference between the AOD and the EOD is small. Appealing isn’t always the best decision in this situation, as doing so allows for the reexamination of your entire SSD claim. If you do appeal, you need to be aware that you run the risk of receiving an unfavorable decision or the judge setting an even later EOD for your disability.

But if your Notice of Decision is partially favorable, you could be deprived of several thousands of dollars in retroactive benefits. When you stand to lose out on receiving a substantial amount, appealing the SSD claim decision may be in your best interests.

Are you planning on applying for Social Security Disability benefits? Or was your SSD claim denied? Whether you want help filing a claim or an appeal, the professional team at Mountain West Disability is ready to meet your needs.

Our highly skilled Social Security Disability attorneys and advocates have worked with hundreds of disabled individuals – and we’ll fight to make sure you get an approval for disability benefits. For more information on our services, or to schedule a free consultation to discuss your SSD claim, contact our office in Murray, Utah, today.

Can You Get Both Social Security Disability & Workers’ Compensation?

If you’re injured on the job in Utah, the financial help you need to might come through Social Security Disability or workers’ compensation. And depending upon your specific circumstances, you may be awarded benefits from both programs.

SSD is funded at the federal level, while workers’ comp is a state-administered program. The qualifications for determining eligibility for each type of benefits are different, and there’s a ceiling to how much you can collect each month. Here’s what you need to know if you plan on applying for SSD and workers’ compensation.

What’s the difference between workers’ comp and Social Security disability?

Qualifying for Social Security Disability in Utah

To be approved for disability benefits through the Social Security Administration, you will need to be able to prove that you’re disabled – and the SSA has a strict definition of the term. You’ll only be considered disabled if the following conditions apply:

  • You have a medical condition that prevents you from performing basic work-related activities
  • The severity of your condition has made you unable to continue working at your current Utah job
  • Adjusting to other work isn’t possible because of your condition, age, past employment experience and/or a lack of transferrable skills
  • You won’t be able to return to work or perform any substantial gainful activity for at least a year

In addition, to be eligible for disability benefits, you must have enough Social Security work credits. The number required depends upon the age you become disabled.

Qualifying for Workers’ Compensation Benefits in Utah

To qualify for workers’ compensation, you will need to be able to prove that you suffered an injury or became ill as a direct result of your job duties. The laws and procedures are set by the state of Utah, and through the program you may be awarded:

  • Medical benefits to cover health care expenses
  • Temporary total disability benefits
  • Temporary partial disability benefits
  • Permanent partial disability benefits
  • Permanent total disability benefits

Workers’ comp covers any injury or illness incurred in the course of employment, regardless of how long you’ve been on the job. The moment you started work on your first day, you became eligible for the program.

The Maximum Amount of Benefits You Can Receive

You may qualify for both SSD and Utah workers’ compensation, but there’s a limit to the amount of benefits you can receive under both programs. The total won’t be more than 80 percent of your average monthly earnings.

If the amount of SSD and workers’ comp benefits you’re eligible to receive adds up to a higher total, an offset applies. In other words, the excess will be deducted from your Social Security benefit.

Do you have questions? Or are you ready apply for Social Security Disability benefits? The attorneys and team of professional advocates at Mountain West Disability, based in northern Utah, have the skill, knowledge and expertise to guide you through the SSD claims process. We’ll help you determine if you qualify for benefits – and if so, we’ll work hard to make sure you get an approval.

For a free consultation with an experienced Social Security Disability advocate, contact our office in Murray, Utah, today.

Advantages of Working with a Social Security Disability Advocate

Should you choose to have a Social Security Disability advocate assist you with your claim? Or is hiring an attorney a smarter plan?

As advocates, we’re obviously in favor of the former. But we do have good reasons for recommending our professional services. Here, we explain what you have to gain by working with an experienced disability advocate.

Help with Every Step of the Disability Claims Process

Social Security Disability advocates know the claims process inside and out. By working with an advocate, you can get expert assistance with the application and every other step. Many attorneys who assist with disability claims don’t get involved until the hearing stage – which is the second level of appeal and can take a couple of years to arrive.

Guidance from a Team of Highly Trained Disability Experts

Hire an attorney, and you’ll have one legal professional on your side. Choose a disability advocate, and you’ll most likely be working with a team of professionals, each of whom has extensive training and expertise in a specific area of the claims process. Advocates tailor their services to meet their clients’ needs, and you can expect yours to work hard to get you every dollar you deserve.

Less Stress About Your Application for Disability Benefits

Most attorneys work on many different types of cases, not just disability claims. Advocates specialize in helping qualified claimants get approved for benefits – and for something as complex as an SSDI or SSI claim, you’re better off relying on a team of specialists. With an advocate, you’ll have the peace of mind in knowing that your claim is being managed properly. Plus, the team approach allows for an increased level of communication, which helps to alleviate your stress.

No Worries Over Paying for Assistance with Your Disability Claim

Like attorneys, most Social Security Disability advocates don’t charge upfront fees or require retainers. And, the cost of their services won’t ever have to come out of your pocket – if your advocate is successful in getting you approved for disability benefits, they’ll get their payment from the backpay you are awarded. The amount they receive is limited to 25 percent of your past-due benefits, with a maximum payment of $6,000. The funds are sent automatically, so you don’t need to be concerned about paying your disability advocate.

Mountain West Disability, based in northern Utah, has helped hundreds of disabled individuals through the claims process. If you qualify for benefits, you can count our advocates to fight for your rights – and with us, you stand a strong chance of getting an approval.

To learn more about the services we offer at Mountain West Disability, or to consult with a friendly and knowledgeable Social Security Disability advocate, contact our office in Murray, Utah, today.

Will Getting Married Affect Your Social Security Disability Benefits?

If you currently receive Social Security Disability benefits or have filed an SSD application, getting married could cause a change in your monthly amount. Whether or not that happens depends mainly upon the type of disability benefits you are awarded.

Here, the Mountain West Disability team explains how marriage may or may not affect those who receive Social Security Disability Insurance (SSDI) and why Supplemental Security Income (SSI) recipients are likely to see their disability benefits reduced or even eliminated after getting married.

How much disability can you get if you’re married

How Marriage Affects SSDI Benefits

If you’re disabled and receive SSDI benefits based upon your own work record, your marital status has no bearing on your monthly amount. That won’t change after you get married, regardless of how much your spouse earns.

However, if you’ve qualified for SSDI – also known as Disability Insurance Benefits (DIB) – under someone else’s earnings record, this may not be the case. You might lose your disability benefits if any of the following are true:

  • You receive SSDI benefits under the earnings record of your ex-spouse and you remarry.
  • You receive benefits because you’re the widow or surviving divorced spouse of a SSD recipient, and you get married before the age of 60 (or, if you’re disabled, before your 50th birthday).
  • You’re an adult disabled child who gets married when receiving benefits under the work record of an eligible parent. But, if your spouse is disabled and also collects disability benefits, yours may not be terminated.

How Marriage Affects SSI Benefits

The change in your marital status in itself won’t have an impact on your eligibility for Supplemental Security Income. However, if your new spouse earns an income, that could result in the reduction or elimination of your SSI benefits.

The Social Security Administration places a strict limit on income amounts for SSI recipients, and when you get married, a portion of your spouse’s earnings will be counted as yours. As a result of this – which is referred to as deeming spousal income – you may no longer be eligible for benefits. Or, the amount you receive may be significantly reduced.

What if your spouse also receives SSI benefits? You may both still be eligible, but the amount the two of you receive will be calculated at the rate for couples. The maximum monthly SSI payment changes each year, but in 2020, the amount you and your spouse receive will be no more than $1,175.

Get Answers to Your Social Security Disability Questions

Want more details on how getting married will affect your SSDI or SSI claim? Do you need help applying for Social Security Disability benefits? The experienced professional advocates at Mountain West Disability, based in Murray, Utah, can provide you with the information and assistance you need.

For more information on the services we offer and how our team can help prevent you from unknowingly compromising your Social Security Disability benefits, contact us today.

Filing for Social Security Disability? Tips for Getting an Approval

In an ideal world, Social Security disability benefits would be easily available for everyone in need. In reality, most claims are initially denied – and while many applicants are able to successfully appeal the decision, the process can take years.

No one can guarantee that your application for Supplemental Security Income (SSI) or Disability Insurance Benefits (DIB) will be approved at the start. However, taking the following steps may improve your chances of getting a favorable decision.

How to get a Social Security Disability claim approved

Talk to Your Doctor

Enlisting your doctor’s support can be worthwhile. See if they’re willing to provide a residual functional capacity (RFC) evaluation, a written statement that details exactly how your condition limits your ability to work. Include this with your Social Security disability application, and it may assist you in winning an approval.

Follow All Treatment Advice

When the SSA reviews your application for disability benefits, they’ll go over your treatment history quite thoroughly. This isn’t a problem if you’ve been doing everything your doctor has suggested, but if you aren’t following their treatment recommendations, you’re hurting your chances of having your claim approved.

Gather Your Medical Records

The SSA will contact your doctor to request your medical records, but seeing how many physicians are extremely busy, the paperwork may not make it into the right hands all that quickly. Gather your records yourself, and you can make sure the SSA has all of the documentation that’s relevant to your disability claim.

Be Thorough on the Application

Social Security disability experts know that claims are often denied due to insufficient evidence. Filling out the application with extreme care is important, and be sure to list details like clinic addresses and dates of treatment. Don’t leave anything out, as the SSA won’t issue a favorable decision if crucial information is missing.

Keep Tabs on Your SSD Claim

Millions of people apply for disability benefits every year. To make sure your claim is moving along as it should be, you’ll need to contact the SSA on a regular basis. Call for status updates, and you’ll know whether more information is needed to process your application or if you have any important deadlines to meet, issues that could decrease your odds for approval.

Get Expert Help with the Process

You can apply for Social Security disability benefits on your own, but you’ll have a much easier time – and a better chance of approval – if you work with an experienced advocate.

The Mountain West Disability team of professional advocates delivers the advantages of working with an attorney – and much more. From thoroughly documenting your disability claim to finding the right doctors, representing you at SSA hearings and fighting to get you the benefits you need, we’ll be there for you in every way.

For answers to your questions and expert assistance with the Social Security disability claim process, contact Mountain West Disability in Murray, Utah, today.

How Social Media Can Affect Your Social Security Disability Claim

Many people who file Social Security Disability claims continue to use social media while they await a decision. But is doing so a bad idea?

Not necessarily. Posting on Twitter, Instagram, Facebook, LinkedIn or any other platform may not affect your chances of approval – if, that is, you take care to guard your privacy. If you don’t play it safe, using social media could have an effect on the outcome of your claim. Here’s what you need to know.

Can Social Security see my social media posts?

The SSA May Consider Social Media in Deciding Disability Claims

Last year, the Social Security Administration (SSA) proposed the idea of using the information gained from social media platforms in disability determinations. The intended purpose is to identify fraud based upon photos and details applicants post.

Making sure that those whose disability claims are approved are actually disabled is important, but what the proposal fails to recognize is that people often post about happy times. Many also submit pictures that paint them in a favorable light, not photos where they’re grimacing in pain. Therefore, being judged for what you post doesn’t seem quite fair – but that doesn’t mean it won’t happen.

Tips for Safe Social Media Use When Filing a Disability Claim

If you’re planning on filing for disability, you don’t need to stop using social media. You can keep posting, but we suggest that you take the following precautions:

  • Limit the amount of personal information in your account profiles. Use only your first name or a nickname, leaving off your last name and other details like your city, state, date of birth and phone number.
  • Take a close look at each account’s privacy settings. On many social media platforms, profiles are not automatically set to be private. Make sure yours isn’t public, as you’re better off sharing information with only friends and family.
  • Think twice before you submit any post. Keeping your posts private is smart, but you still shouldn’t submit anything you wouldn’t want everyone to see. Consider, too, whether the SSA might misinterpret something you’re posting.

Get Expert Assistance with Your Social Security Disability Claim

If you’re disabled and cannot work, filing a disability claim could be in your best interests – and, the expert team at Mountain West Disability can provide you with all of the help you need.

During our many years in business, we’ve guided hundreds of people through the Social Security Disability process. We offer highly personalized service tailored to meet your needs, and we don’t charge a fee unless your claim is approved. As such, you can count on us to make every effort to ensure you’re awarded benefits.

For more information on our legal services, or to discuss filing a Social Security Disability claim with a highly experienced advocate, contact Mountain West Disability today.

Is There a Waiting Period for Social Security Disability Benefits?

If you’re approved for Social Security Disability Insurance (SSDI) benefits, you may not get your first payment right away.

The Social Security Administration (SSA) imposes a five-month waiting period on all approved applicants, with only two exceptions. Dependents of disabled workers and those who previously received SSDI benefits and need them reinstated are the only people who aren’t subject to the waiting period.

If you’re not in either group, how long will you have to wait before you start receiving your disability benefits? Here’s what you need to know.

Time to start getting SSDI

When the Waiting Period Starts

The waiting period for Social Security Disability Insurance benefits will begin on the date the SSA believes you became disabled. This is officially known as the established onset date (EOD) of your disability.

Your first monthly payment will arrive once you have been disabled for at least five months. As an example, if your EOD is May 15, 2020, your first check will be for the month of November. However, SSDI benefits are paid the month after they’re due, so you wouldn’t actually get paid until December 2020.

Why the five-month waiting period? The SSA aims to only provide SSDI to people with long-term disabilities, and the mandatory wait helps ensure that no one who is ineligible receives SSDI benefits.

How the Waiting Period Affects Back Payments

Depending upon when you apply for Social Security Disability Insurance, you may receive back pay. The SSA recognizes that processing disability applications takes time, and back payments are issued for the months between the date of application and the date of approval.

But, the five-month wait still applies. So, let’s say you apply for SSDI benefits in May 2020, and the established onset date of your disability is January 2020 – but your application isn’t approved until January 2021. Twelve months have passed, but your back payment will only cover seven of those months.

Why You Shouldn’t Wait to File an SSDI Application 

As we’ve already mentioned, almost everyone who applies for SSDI is subject to the SSA’s waiting period. Therefore, it’s in your best interests to file your application as soon as you become disabled. If you hold off until the end of the five-month period, it may take twice as long to begin receiving disability benefits.

What if you’ve already been putting off filing your SSDI application? You may be eligible for retroactive benefits, or money that you would have been paid if you had applied earlier. However, the farthest back retroactive benefits can reach is 17 months before the application date. So, if you became disabled months ago, you’ll need to take action soon.

For expert advice and assistance with every step of the SSDI process, turn to the professional team at Mountain West Disability.

Our experienced advocates work on a contingency basis, and since we don’t get paid unless you do, you can rely on us to do everything in our power to make sure your claim is approved. For more information on how Mountain West Disability can help you get the Social Security Disability Insurance benefits you need, contact our Murray, Utah, office today.

New Rule Limits Social Security Disability Eligibility

Since 1978, the Social Security Administration (SSA) has taken language barriers into account when evaluating applications for Social Security disability. The lack of proficiency in English, while not considered disabling in and of itself, has been viewed as having a significant impact on an individual’s ability to find work.

As of April 27, 2020, this will no longer be the case. At the end of February, the SSA announced a new rule has been finalized, and the inability to communicate in English will no longer be a factor in determining eligibility for Social Security disability benefits.

Disability benefits advocate

The Rationale Behind the SSA Rule Change

According to the SSA, research shows that proficiency in English is no longer indicative of an individual’s education or their work prospects. The new rule supports this as well as the administration’s commitment to ensuring the Social Security disability rules remain current.

In addition, the Carter-era rule has been criticized for both treating non-English speakers as not educated enough to hold a job and for giving them an unfair advantage over applicants who are proficient in English. The SSA rule change recognizes that our country’s diversity means that communicating in English is not a prerequisite for joining the workforce.

What the New SSA Rule Means for Disability Claimants

For disability applicants who can communicate in English, the SSA rule change will not affect the evaluation process. For non-English speaking individuals, however, qualifying for benefits will be more difficult under the new regulation.

Proficiency in English has only ever been relevant if the applicant has already supplied evidence that a medical or physical disability limits their ability to do the work they have in the past. At this point, Social Security considers whether the individual could transition to another job – and under the previous rule, a language barrier typically meant getting approved for disability benefits.

Now, non-English speakers cannot expect the SSA to rule in their favor because of their inability to communicate – even if they have no work opportunities in their local area. The Social Security disability program is national in scope, and the law only requires the administration to consider whether enough jobs exist in the national economy that are suited for an applicant’s functional capacity, age, level of education and work experience.

Are More SSA Rule Changes Likely?

Yes. This new rule is not the only change on the drawing board – there has been a proposal to create a new category for disability applicants, and the effect of being placed in this group would be the requirement for more frequent continuing disability reviews.

This rule could be implemented in 2020. If that happens, millions of people who already receive Supplemental Security Income (SSI) or Disability Insurance Benefits (DIB) may find it much more difficult to comply with the review process and keep their monthly disability benefits.

Are you worried about SSA rule changes affecting your eligibility? The experienced advocates at Mountain West Disability, based in northern Utah, can answer your questions and offer advice on how to get the Social Security disability benefits you need. To schedule a free consultation, contact us today.

https://www.federalregister.gov/documents/2020/02/25/2020-03199/removing-inability-to-communicate-in-english-as-an-education-category
https://blog.ssa.gov/new-rule-modernizes-how-we-award-disability-benefits/