Recently, we blogged that cessations are coming. Thus, predictably, we have had an increase of claimants who have received Notices of Cessation seeking assistance to retain their benefits. What does this mean?
Well, once you are found disabled, those benefits are not permanent – every recipient of disability will have their claim reviewed at least every three-to-seven years, depending on the severity of their disability as determined by Social Security. This is called a Continuing Disability Review (CDR). However, some cases can be put up for review sooner than three years, even as early as six months after a finding of disability. If Social Security determines that your condition has medically improved enough to allow you to return to work, then they will issue a Notice of Cessation, effectively informing you that your benefits will be ending in the near future.
So, what can you do to give yourself the best chance of receiving continuing benefits? The answer is to continue to get treatment for your conditions even after a finding of disabled. Effectively, you will be required to demonstrate that 1) you continue to suffer from the conditions which were initially found to be disabling, 2) that you continue to have problems related to these conditions, and 3) these problems are so severe they prevent you from being able to work. The only way to do so is through ongoing, consistent medical treatment/records.
If you receive a Notice of Cessation, DO NOT DELAY in seeking advice/representation as the statute of limitations is different than in the normal course of a claim. Our attorneys stand by ready to discuss your claim, options, and how we can help.