New York residents and others who receive disability benefits may have their cases reviewed every three to seven years. After a review, it is possible that benefits will be suspended because an individual’s condition has improved significantly. Benefits could also be stopped if a person begins to earn a gainful income. Those who have had their benefits suspended may wish to appeal the decision, and an appeal must be made within 65 days of receiving the notice.
During the appeal process, a benefit recipient may ask that he or she continue to receive payments. For many people, these payments are their only source of income, and it almost forces them to request that they continue to be sent. However, if an appeal is eventually denied, it may be necessary to repay any funds that he or she obtained while the cessation was being appealed. If a person wants to continue to receive payments upon appealing a cessation notice, that person has 15 days to do so.
The cessation appeal process is similar to the process used when an application first makes a request for disability benefits. Ultimately, a case could be decided by an administrative law judge. Generally speaking, those who have their review date every seven years are seen by the government as unlikely to have their benefits suspended at any point.
Anyone who has their Social Security disability payments suspended may benefit from talking with an attorney about their cases. Legal counsel may help to fill out and send paperwork needed to appeal the decision. An attorney may also help a person get ready for a hearing before a judge and provide insight as to whether clients should choose to continue receiving benefits during the appeal process.