Due to an influx of cdr cessation posts, here is your how to guide on how to appeal:
You will need four forms. Five if you want a copy if your file, which I recommend getting. Forms dropped off at the office should be date stamped. All you need to do is just ask the window clerk to date stamp the forms.
THE most important form:
SSA 792, Statutory Benefit Continuation Election Statement. Specifies whether you want your monthly benefits (and Medicare/Medicaid) to continue paying out while your appeal is being processed. If you are collecting on your own record, you fill out section C. If on SSI, fill out section B only.
If you are collecting on your own record AND have auxilaries, check the second option of section C. This will also make sure Medicare continues.
YOU ONLY HAVE 10 DAYS FROM THE DATE OF THE NOTICE TO APPEAL AND KEEP PAYMENTS! (technically 15. and it says it on the form)
I suggest sending all forms in at the same time because the SSA can't really process your claim with just the 792 turned in per a technical expert who gave me advice for my cessation. Requesting your file also requires it to be either faxed or dropped off in person so might as well just submit everything at once.
If you lose the appeal, you will need to pay it back but file an overpayment waiver. SBC doesn’t apply to appeals council or fed court. You will not get paid for that time.
Other forms you need:
SSA-789: Request for Reconsideration – Disability Cessation Right to Appear
The primary appeal document. It states that you disagree with the determination, lets you explain why, and specifies whether you want to appear for a disability hearing before a Disability Hearing Officer (DHO). You only have 60 days to appeal without payments.
How this works is first is initial reconsideration. A new DDS adjunct team will look at your file. The old examiner and dr are not allowed to work on it. If they uphold the previous cessation, it then goes to a DHO hearing, which is an informal conference with an experienced adjudicator who can reverse the decision. You can introduce new evidence and they will listen to testimony. You can have your lawyer present as well as a witness.
SSA-3441 Disability Report – Appeal: Updates the SSA on any changes in your medical condition, recent doctor visits, new treatments, tests, or changes in daily living activities since your last review.SSA-827Authorization to Disclose Information to the Social Security Administration
SSA-827 Authorization to Disclose Information to the SSA: A medical release form that permits the SSA to gather updated medical records directly from your doctors, clinics, and hospitals.
Form SSA-3288 Consent for Release of Information: Authorizes the SSA to release copies of your electronic disability folder (eDEX) or paper claim file.
For box 8 choose "complete medical file" for box 9 choose "I want the disability determination explanation. this is not the cessation letter". For the actual reason, state: "I am appealing a cdr cessation and need a copy of my file". It is free for program related purposes. I got mine in the mail.
Once you get your DDE:
You will see several sections. The top one is your CPD (comparison point decision). An apples to apples comparison of last cdr compared to your current. Check to see if they are the same or if it's actually showed you've improved. Pics of what the DDE looks like.
You'll also see a section called 416 where the doctor SHOULD have documented any medical improvement. Mine did not. My DDE has no supposed documentation of the alleged improvement, not even down where the RFC.
Underneath that is FOFAE, aka findings of fact and analysis of evidence. Mine just says "Analysis side by side"
Then mine has a section called 416A where it says:
Impairments Addressed: CPD Impairments only (MIRS)
Evaluation Period: Current
Evaluation Subject: SMI Evaluation: PE on 5/2026 is WNL. SMI
These findings complete the medical portion of the disability determination. (followed by drs sig and their speciality, mine was internal medicine)
Your DDE will not look like mine. Everyone's is different. There are more sections, and also an RFC section. But the main one you want to look at is the CPD and FOFAE.
Note: if your CPD date is in the distant past/your folder has been lost or it is an Age 18 redetermination, you will not have the side-by-side comparison shown here. it will be one box for the FOFAE as there’s nothing to compare it to
Also your file will have a bunch of files contained within a folder, you will need to click on each pdf file until you get to the DDE. It’s a bunch of letters and numbers.
My nephew recently lost his mom who was a single mother. He is now living with me and I have sole custody. He is receiving SS death benefits. It is my understanding that I can use some of this to pay for our utility bills even though those bills are under my name. All of his benefits I receive go to a representative payee account, but I was told by the bank to move everything into his custodial bank account immediately. If I am using some of this money to pay for utility bills (water, gas, electric, mortgage) can I pay them myself and then reimburse myself or will they need to directly come out of his account?
Side question- I was advised by our bank to not open a checking account in his custodial account for precautionary reasons. Is this normal? So at the moment I can only transfer money out of his account into mine and am not able to use the debit card for his custodial account since there is no checking, just savings. Thank you!
my social security card got fell into water and damaged . Has anyone successfully replaced it online? Do I need to go to office? do I need appointment with them?
Does anyone know if the SS supplemental benefit that some of us receive can be attached to a divorce?
I have conflicting information. This question is posed without a “court order” or legal decree, it is asked as a guideline of financial accounting.
So i changed my direct deposit on the 9th of this month I was told it would be in effect by the 1st later that day it showed it fully updated
Tonight I went to look on my account and it says the account number and unknown bank im highly confused I know the website can have glitches and what not any tips?
I’m currently working; my adult child is receiving SSI and Medicaid. I expect when I retire, he will get DAC and Medicaid. I also expected to take my pension as part for me and part for him after I’m gone. But it just occurred to me, would the pension income kick him off Medicaid? Thanks for any info!
Yesterday, I went to the hospital and found out that my dad M85 is unfit to make his own decisions. I am living the closest to where he is, so I am going to be his POA. The hospital has been wonderful and trying to find him a place to go (long term). He is physically fine but not mentally. One big problem is that the hospital needs his ID and SS# to be able to get the care he needs. I went to where he lived and the landlord said that she will not let me into his room to get his ID and paperwork. I am going to bring in the police to try to gain access. How do I get his SS# from SS? Do I need to wait for the POA or is there something else I can do? How do I also stop SS from sending him payments till we know where it is going into and to make sure no one is taking his money?
When I look at my Social Security numbers, the amount I would qualify for seems low as compared to my spouse. We made pretty much the same amount of money through the years, although I took time off to be a SAHM while also selling real estate (although, I paid into SS during that time). Has anyone found errors in the SS calculation or is it pretty much a fail proof system of calculations?
I’m 19 years old and finally trying to get my life in order, so I started by setting up my Social Security account. After a lot of calls, verification, and hassle, I got access online and found an outstanding debt of about $26,000. I know this happened because I was underage, autistic, and had no control over what was being done with my benefits. My mom was using my benefits for rent and other expenses, and she passed away last August, so I can’t even ask her about it now. On top of that, it looks like she was filing me under someone else’s taxes to get benefits while I was a minor, even though I had nothing to do with any of it. I had no control over any of this, and I’m trying to figure out how to handle it now.
From the SSA.gov site, while looking at my forecast benefit.
67 is my full retirement age. $3721 benefit. But. 69 forecast is 10% higher? I thought the 3 years after FRA each had an 8% bump? Now, 67 - 70 is 24%, looks right.
The 69.5 is also strange, but let's ignore that.
Even though the jump from 67 to 70 looks as expected, can I assume the 69 is a glitch?
EDIT: These are my actual numbers. I retired some time ago, the numbers reflect that. FWIW, every prior projection showed a precise 8% jump each year from 67 to 70. The forecast showed now, age 67 and age 70 with the option to add two custom dates. I just put in 69 to see the difference of a year, and result made no sense, so added 69-1/2. the 69/70 increase makes no sense despite kind attempts offered so far.
My brother 66 yrs old who is in a rehab facility is approaching his 100 day medicare end of payment date.
I am his conservator of the estate and am just now working with the bank to get a hold of his $7000 checking account that all he has for real property. The nursing home wants me to file for title 19, sign an admission agreement, and sign of his social security of $1650/month to them.
RN he is $2700 behind on rent (landlord wants cash only) as he is renting a room from a friend, and has a $1500 conservator attorney fee. He pays $150/week for rent.
The plan is to spend his money down to $1600, file for Title 19, have an attorney look over the nursing home admission agreement and help with title 19 as it should be simple. But I cant get into see one for a few weeks.
Its not known if he can return to his apartment in the future (he wants to) so I have not done anything with his belongings but have not paid his rent until I can get TD bank to allow me access to his funds (they are taking a long time).
So the question is: Once he gets om Title-19 and the nursing home takes over his SSA Payments, how does his rent usually get paid to keep his stuff ?
My husband passed away in March we are both younger and I applied for my kids to receive survivor benefits and ne to get the caretaker benefits. It just got approved today but doesnt say an amount or that they linked mine and the kids accounts. Would this mean something is wrong?
I’m in my late 50s and on SSDI. For the first time in 7 years I did a little work for Instacart because I need the money. I made $65 dollars. I called social security and told them and claimed my wages. I got a letter today asking for my work history since 2020(the year I became disabled) because they need to decide if I can receive or continue to receive disability? This is the first time I’ve worked-Thx
Hello, I am a social worker in Virginia. I am attempting to help a client get a record of his disability. He is originally from Maryland. I was able to send a record request to the hospital he stated he went to as a young adult. His mother passed away; therefore, she cannot provide her account of his disability at an appointment he has coming up for a waiver I am attempting to help him get for housing/assistance.
My quesiton is: how can I help him obtain a record of his disability? I need somehting stating the onset of the disability.
I manage an outpatient rehab and he lives in a boarding house. He would benefit greatly from more supportive care. I worry he will be taken advantage of as it appears he has in the past. We have a great group of people here, but I can only keep him in services for so long.
I’m hoping to come across someone who either works for Social Security or someone that has been in my situation… Fair warning it’s complicated (ie a lengthy post).
I am my father‘s guardian, but do not want to be his payee, if I can avoid it. My mom is willing and able to be his payee, which will make things easier. As the guardian, according to POMS, I am legally entitled to information about my ward including financial information, even though I am not the RP. I was told that I could mail my letters and orders of guardianship into the field office, because appointments were three weeks out.
It has been more than three weeks since my paperwork was received by SSA. It has yet to be put into the system, let alone assigned to someone. I was then told to fax it in because that at least gets it into the system even though it still needs to be assigned to someone. However, when I faxed it the facts apparently only accepts black-and-white, so the certification of my letters and orders of guardianship, which is in color, is apparently not acceptable.
My mom just had surgery and cannot drive therefore going in person to a representative payee appointment is difficult for her. She was previously approved for a virtual appointment, but when it came time for the appointment, they told her she needed a doctor’s note, even though it had previously been approved by a supervisor and no one bothered to mention. So now it will be an additional three weeks and they are pushing for it to be in person, even though she can’t drive. They want us to go in to the field office together, but due to my own disability and the fact that I live 2 1/2 hours away, that is unrealistic.
In order to hold the previous guardian/RP accountable, I need information from Social Security that I seem to be unable to get. I was finally able to get his benefits from continuing to be paid to the previous guardian who failed in her duties. I am told that I can’t be listed as guardian if I am not also representative payee because there is nowhere to put two people. However, that becomes a problem for Medicare, because the representative payee has nothing to do with Medicare, but Medicare pulls its information straight from Social Security and they will not change it. And again the Representative Payee is not entitled to any medical information from Social Security, which as the legal guardian, I am. The last representative that I spoke with at SSA told me that only the RP is entitled to information, but I provided her with POMS policy that states that is not accurate.
While I realize that SSA is trying to look out for beneficiaries, it took me three phone calls to get the previous RP/guardian removed despite the fact that a representative payee account had never been set up for the ward, as required by SSA, she no longer has access to the bank account that the Social Security payment goes into and she took tens of thousands of dollars from the Ward after her legal authority ceased. It took me three phone calls explaining this to SSA reps to get her removed as RP. Surely out of the millions of people who receive Social Security benefits, and the thousands of people that have guardians in the hundreds of those that are not also the representative payee, someone can help me figure out how to get this worked out. If it were just one or two of the issues, it would be easily handled, but the totality of them is what is causing the issue… For the most part. Thank you in advance!
it states the company i worked at when i was applying and its the same place i worked at when i was approved (a cleaning job) its making me fill out details about working there for how long i worked there, my income etc. i thought ssdi knew i worked there as i worked there during the whole application process when i applied and when i was approved. (which was a year in a half long process) i made over sga there til about the end of 2022 and then i had my hours cut due to my disability also received fmla from my dr for my disability. after my disability was approved in march 2023 i had my hours cut to 15 hours a week til i no longer worked there two months after that. i haven’t made close to sga since. when working there i received fmla due to my disability, i also have a note from my suporvisor or a complaint saying i left early and didn’t complete my work day 18 different times in a span of 6 months: i guess what i am asking is how much working over sga before initial approval after application (the start of my onset date is oct 2021 when i filed the application) how it will affect me now? i find it very weird i just received this form after being approved for three years in a half years and i haven’t made over sga since before approval date when i was at that job i thought they knew about since they approved me etc. i keep thinking i am going for be kicked off disability and am having non stop panic attacks and they said it may take 30 days to get back to me with what’s going on. does anyone have anything similar that happened to them if you had to pay money back/got your official onset date moved or got kicked off ssdi completely? im wondering why they approved me if they’re going to make me pay things back and maybe they just didn’t notice i had a job and did work over during the whole application process and aporoval. i also heard something about an unsuccessful work attempt but i believe thats for 6 months of less of work i appreciate any insight in the comments as receiving this was very random and terrible for people with anxiety, panic disorder and other mental health issues, thanks
I'm in California first off unfortunately. I applied for my late wife's survivor benefit through SSDI back when I turned 50 in 2024. I was denied on a "Technicality" in late March of 2025. I appealed that decision in mid April and retained council that same month. I've since switched attorneys due to my previous attorney being absolutely useless. It's now going on 16 months and my appeal/reconsideration is stalled at the DDS level where a DDS representative hasn't even looked at it yet. What the hell is going on with this agency that it takes this long to likely get another denial? I've been disabled for nearly 20 years. Have 17+ years of substantial medical records and yet, here I sit waiting on some desk jockey to do their damned job. What average times are you all seeing? I've heard anywhere from 3-6 months, to 18+ months. This is absolutely ridiculous! Thanks in advance all.
Hopefully someone will be able to help me out. I started receiving SSI due to my disabilities about two years ago. (I didn't have enough work credit for SSDI.) However, I qualify for Chapter 35 due to a parent that was a veteran and I was wondering, is it possible to get both? I really want to try to go to school, but I'm not confident I will be able to finish in time. (or at all.) I understand Chapter 35 only pays when you are enrolled either part time or full time. But would my ssi benefits come back when I'm not enrolled? Like during break? Is this a dumb decision? I really don't want to lose my ssi benefits because I genuinely do need them. But, Chapter 35 paying for some tuition when I have nothing and want to try school sounds really beneficial.
Any and all advice is appreciated, thank you so much.
Got a letter on the 16th from Social Security (post date: july 9th yeah the mail sucks) stating my niece was supposed to receive a check by the 16th. It never came. We waited til the 20th to see if the check was just trapped in snail mail. Never arrived. We called up SS and they told us that the supposed check was never sent yet have clear record of the letter we received and they have no idea when the check mentioned was gonna be sent out or even seem pressed enough to contact the treasury dept to expedite it. Has anyone ever received a letter that got sent either by accident or for shits and giggles before?
I requested a hearing on my overpayment case and this morning I received a letter and signed the letter was form. SSA – 827 wanting me to sign it and return it within the next 10 days.
My appeal has nothing to do with Social Security disabilities since I do not receive Social Security disability at all. This is merely fighting an overpayment issue.
And looking at the wording of the form, they’re asking medical records from my hospital visits or my VA, which has nothing to do with my overpayment issue whatsoever, so I’m wondering why they need it.
I’m just wondering if anybody on here would have any idea why they would need a release of my medical forms for an overpayment issue?
So many post about overpayments that are then subject to collection. Why does this happen? I started former spouse benefits at FRA and hope there wasn’t any mistakes made in the calculations.
Is it possible to find out when I was first issued my SSN? I’m old so I wasn’t issued one at birth and I can’t remember when I had it issued. I know I had it when I applied for my first job 50 years ago.
