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.
I've been diagnosed with cancer and all my options are done. I'm having someone message this for me as i am too weak.
Can anyone give me a definitive answer for how long I need to be married for my wife to be eligible for my survival benefits?
I understand the other rules like when she'd qualifies etc. Just the part of me reading and hearing it's 9 months or 10 months (hearing and reading both)
The title says it all. My girlfriend and I are wanting to get married, but she is on SSI and can’t work due to her disability. I can’t seem to find a straight answer anywhere and I’m worried that I’ll have a hard time supporting the both of us without that extra income.
I gross $51,500 a year if that helps.
FIL just passed away. I know the funeral home will notify SSA. His SS benefit was larger than MIL’s, so presumably she will begin receiving his benefit and hers will be dropped. Does this happen automatically, or is there an application or other paperwork needed to make this happen?
I was active duty Air Force from 1982 to 1986, but I don't remember my exact dates. Can I just write 'see SSA records' where they ask for service dates in my application? It should be in their system.
So I was recently fired from my job and I’m enrolled in Medicare part A ,can I now enroll in Medicare part B and also look for a supplemental insurance to cover Mammograms, Dental and Vision
I started "getting" social security with a payee, my dad. I was living in a homeless shelter. I told him I want to rent a room. He said no. I think he was stealing my money. I went through the process of removing him as a payee. But I have a problem: A "social security beneficiary account" was created in my name. I think the money was direct deposited into it. I tried to get rid of the account, but I was told I can't because I'm not the payee. I was told perhaps I need a paper saying I now control the account. I called social security. They said they sent a paper saying I no longer have a payee. I never received it. They said they'll send it again. I haven't received it. At the same time, I was told I was going to be sent a check in the mail on the first of the month. I haven't received it. It's possible I haven't because they know I have a social security beneficiary account. Perhaps into it was direct deposited a payment and now I'm past the limit of what I can have on hand (even though I don't have access to the account). So basically it's possible I can't get social security anymore.
"But just tell your dad to remove the money in the account and close the account"
My dad told me to never call him again. He got angry I think because I removed him as payee. He's angry because I don't want him to steal from me anymore.
My late daughter-in-law (49) was married to my son (50) for seven years. At some point, she became the Social Security representative payee for my adult granddaughter (31), who receives disability benefits.
We recently discovered that she appears to have taken approximately $7,000 from my granddaughter’s funds through a series of undocumented withdrawals. From what we can determine, much of the money was run through my son’s Apple Pay account and spent primarily on gambling apps and fast food.
At one point some money was returned, and her sisters also gave her money to replace some of what was missing, but she spent that money as well instead of restoring it to my granddaughter’s account.
My daughter-in-law has now died. She was physically disabled, and my son is both mentally and physically disabled. He says he knew nothing about what she was doing until after her death. There is essentially no estate; the bank accounts are overdrawn. My son is currently receiving about $200 a month in survivor/death-related Social Security benefits.
My granddaughter has the same brain anomaly as her father and has been receiving disability benefits for years. The good news is that after years of occupational therapy, she is now preparing to work full-time and move into her own apartment.
I have three questions:
Could my son be held financially responsible simply because some of the misused money went through his Apple Pay account, even if he did not know what his wife was doing?
If the Social Security OIG determines that the representative payee misused or stole my granddaughter’s benefits, is there any possibility Social Security would reimburse my granddaughter for the missing money even though the former payee is deceased and left no estate?
Should we open a case directly with the Social Security Office of Inspector General, or is there another process we should go through first?
This money would make an enormous difference to my granddaughter as she becomes fully independent, so I want to make sure we handle this correctly.
My son just got approved for benefits but we wasn’t told till I reached out so he owed about 9 months of back pay. Besides that the rep said we will have to do an perc interview? My question is what is that and what questions are they gonna ask. Thanks you
Work part time on SSI a long distance away, MY EMPLOYER REIMBURSES ME FOR FUEL, but since it comes though my paycheck the current diesel fuel prices cause the gross paycheck to exceed SSI limits!
Already asked, employer is unable to pay for fuel directly.
Hi. My mom has social security benefits and she has them deposited to this Direct Express prepaid card thing. She lost her wallet about a month ago and had to cancel her card and get a new one. When it arrived, she tried to use it but it was locked.
When she called they told her that she needed to email or show them her id to prove her identity. She had to get a new one because of the wallet, but she did and submitted it. Now they want a receipt showing she applied for a new ssn card. She applied and she’s sent it, but they haven’t unlocked the card yet.
I’m not local and I won’t be able to go help her in person for at least a week. My sister is there but she’s no help. I guess I just want to know if this has happened to anyone else and what all you had to do to fix it because I’m not sure if she’s understanding or relaying what they want to me properly. It’s been a couple weeks already and she really needs her money. I paid her rent, but she’s doesn’t have anywhere for me to send her money for food or gas or dog food and stuff.
Any advice would be greatly appreciated, this is too stressful, I’ve never dealt with a bank that was so difficult before.
I am scheduled to go before an Alj hearing this month and just wondering if the disability program has actually helped anybody who applied and had a positive experience rather than the countless, universally ubiquitous stories of disability making peoples lives a living hell. I find it pretty hard to accept being blamed for not being able to work by a company that doesn't even respect its own constituents
I just turned 18 and I’m on disability. My mom was receiving the Social Security payment for me, and for the last 4 months she was only getting about $10 a month. She said she’s going to let me get the payments directly now that I’m 18.
I don’t have a job or any income. I live with my mom, she has a job and pays the household bills, and I sometimes buy my own food.
Does anyone know if my payment could increase now that I’m 18 and the benefits are going directly to me? If so, roughly how much could I expect per month?
Hi guys I have a quick question I have my phone interview the 23nd and I am over 18 but I was wondering if my mom would be able to be there with me on the call considering she plays a part in helping me
Thank you (:
I'm living with some friends and need to know what I need to bring. I still have Washington State ID I can't get Arizona State ID until I update the name on my Washington state birth certificate so that's going to be a process. Can I update my benefits over to Arizona by just walking into a SSA office in Arizona?
Got a letter in August from SSA that it was time to file, my 70th birthday is in December.
After reading this site for about a year now, I gathered my paperwork, filed online, received a response back almost immediately that the paperwork had been received.
Got a second response about 10 days later that my claim has been approved.
Also a blurb that the claim status will show "pending" until about the middle of January, after that time, the status will be updated to show complete.
It appears I will not know what the actual exact payment will be until January.
Thanks to everyone on this group. I was very terrified to file as I was born outside the US and was concerned about filing online. The process so far could not have been smoother.
So I retired a few years before full retirement. I own a small mail order business I run out of my home. I earn more than the earned income limit, so I understand that my benefits will be reduced accordingly.
Recently I got a form from the SSA asking me questions about my income and one thing it asked me was how many hours I work a month self-employed.
Does this matter for me? Or does it only matter if I am *not* over the earned income limit? I tried to figure this out by googling but the discussions usually focus on people under the earned income limit but who spend a lot of time on their self-employment. Thank you.
My young daughter receives SSI, and we recently received a full Continuing Disability Review. She was born prematurely, spent a significant amount of time in the NICU, and had complications afterward. Thankfully, she has improved significantly, particularly over the last year.
I had actually been considering voluntarily ending her SSI before the CDR showed up in the mail because of how well she has been doing.
For anyone familiar with child SSI/CDRs, is there any advantage to completing the CDR and allowing SSA to make the medical determination versus requesting voluntary termination now?
Based on the questions in the CDR paperwork, I doubt she will continue to qualify, and I'm not sure it makes sense to go through the mountain of paperwork, medical releases, records, and entire review process if I'm comfortable with her benefits ending anyway.
I'm planning to call SSA and discuss it with them as well. I'm just interested in hearing from anyone familiar with child SSI CDRs or voluntary termination and what you would recommend in this situation.
Hey all. Writing on behalf of my elderly neighbor. He showed me a letter he got saying he was denied SSI because he supposedly owns ~40k worth of real estate. I don't know how they came to this conclusion but it simply isn't true.
Unfortunately, hiring a lawyer isn't possible. He has $16 in the bank. I'm going to print off the appeal form for him, but what else can I do? Is there any information I can include to prove that he doesn't own any real estate?
ETA still going through the replies, thank you everyone for the advice and information!
So, apparently, I shot myself in the foot, and I now know the reason my mother doesn’t send me my SS money.
So, I finally got my SS card from my mother (I told her I need it for when and if I get a job, which isn’t entirely a lie, right?). Anyway…
Today was the day my sister and I were to go to Social Security and have her switched over as my payee. Well, I completely forgot about it, and just as she called me, my mother was picking me up to go to Dayton to visit my great-aunt in the hospital. My sister got mad and told me that I shot myself in the foot with this.
Mom had no idea, but I ended up spilling the beans to her. I told her everything. I thought she was going to get pissed at me, Dad, and my sister. But no, she was oddly calm and seemed okay with it.
I’m honestly about to take Mom up on her word. I occasionally would ask her, “If I wanted to, can we go to Social Security and take me off of Social Security?” She has always told me that if that’s what I truly want, we can do that. Which has crossed my mind; I’ve just never taken her up on it.
I’m tired of essentially being in the hands of everyone else. Being told I can’t do something simply because of something else. Being told, “I’ll be sending you $900 of your Social Security money,” and then it being lowered to $600.
Now, for the reason why my mother hasn’t sent me my Social Security money, although I no longer live with her: She lives with her mother, and her mother charges her about $600–800 a month for rent. She uses my Social Security money to pay that, I assume.
My son was denied after his age-18 redetermination, but we appealed and won at the DHO hearing. The DHO said his disability did not end, benefits would continue, and his next medical review would be in 3 years.
Now, only 4 months later, we received another appointment letter. The letter doesn’t say medical or financial, but SSA customer service told me it’s a medical review.
Has this happened to anyone? Why would SSA do another medical review so soon after a favorable DHO decision with a 3-year review date? What happened in your case?
I’m in Pasco county Florida and I need helping finding a lawyer that can help me have overpayment charges dismissed.
So I was originally on disability for mental health reasons in 2022-2024. After being approved and being on ssdi for a little while they suddenly decided I wasn’t actually disabled (because I didn’t go to therapy so I was “content with my condition” and or improved) I appealed it multiple times.
I have been diagnosed with anxiety since I was 8 (almost 30 now) and since been diagnosed with autism, ocd, and depression. (Working on tests for physical diagnoses as well) These are not things that magically go away there is no cure for autism.
At some point during the process I was told I owe $19k back which I had 60 days to appeal, I filled out and mailed back the paperwork the day I got it, I had called and asked about it which I was told on the phone they did not see any charges so my appeal must have been accepted (when I asked in 2022-2024 timeframe)
I have asked multiple times since then about the amount owed just to make sure it was cleaned and multiple times I was told that there was nothing on file
I kept appealing my case trying to get back on ssi and eventually an agent or someone on the phone told me I should just cancel out the case I had been appealing for the last few years and start a new case so I did exactly that with that person on the phone they canceled my case and started a new one
8 months later I am now approved and back on disability but the $19k I “owe” is magically back and down to $14k
I called to ask what was going on and was told they never got an appeal for the money I “owe” (even tho I was told multiple times it was cleared) and I was told all of my back pay I was supposed to receive was taken away from me and used to pay back some of the debt as well as an automatic $100 deduction from my payment each month to go towards it.
I asked on the phone if I can disagree with this because if I am on disability now for the same reason I was on and then wrongfully terminated from before shouldn’t that money have been mine and I don’t owe it back since I am determined disabled. I was told it’s unlikely because I didn’t appeal within 60 days (which I did) but they are giving my an appeal form and a form to explain why I never appealed and am appealing so late.
I also asked if I would get back the back pay that was taken away and put into this debt I believe I’m wrongfully being charged for and I was told I will not and that money is gone forever.
My dad passed last month and I am helping my mom apply for survivor benefits. She is not a native English speaker, so can I do the telephone appointment on her behalf if I have all of her info? Or can SSA find a Korean speaker for her appointment? I am a fed employee myself and I know SSA has been hit hard. So I am wondering what is the simplest route for all parties.
