October 24 – Continued Benefits During Appeal
Question: I am working with a Social Security Disability Insurance (SSDI) beneficiary who just received notice from Social Security that their SSDI has terminated due to work activity. The beneficiary plans to submit a Request for Reconsideration. The SSDI is scheduled to stop next month. Can the beneficiary request the SSDI continue while appealing?
Answer: No, this situation does not allow for continued payments during appeal. There are two situations that allow for such payments:
- Medical cessations: Benefit payments can continue for both Title II disability beneficiaries and Supplemental Security Income (SSI) beneficiaries when a medical cessation occurs. This is called “Statutory Benefit Continuation”. Benefits can be continued if an appeal and continuation of benefits are requested within 10 days of receipt of the notice.
- Reduction, Suspension, or Termination of SSI: SSI beneficiaries who have a non-disability determination that results in a reduction, suspension, or termination of SSI can request continuation of benefits. This is possible through a rule called “Goldberg-Kelly”. Benefits can continue in these situations if the beneficiary appeals within 10 days of the receipt of the notice. If the beneficiary does not want continued benefits, he or she must tell Social Security.
If the appeal is denied, continued payment the beneficiary received under either option above may become an overpayment.
Would you like to find out more about WIPA and your benefits? Contact your statewide WIPA Program-Project 20/20 if you have questions like our Daily Tips or want to learn more about working while receiving social security disability benefits. Call our North Augusta office at 803-279-9611 or the Ticket to Work Helpline at 1-866-968-7842. You can also complete a Contact Us or Self-referral Form.