How to Appeal a Wrongful Social Security Termination
Receiving a notice that your Social Security benefits have been terminated can be alarming. For many, these benefits are a primary source of income, and their sudden loss can create significant financial hardship. If you find yourself in this situation, it is important to know that you have rights and options.
The Social Security Administration (SSA) has specific procedures for appeals, and missing a deadline or submitting incomplete paperwork can jeopardize your case. An attorney familiar with these processes can help you gather the necessary evidence, build a strong argument, and represent you at hearings.
The Elder & Disability Law Firm, APC, acknowledges the stress and uncertainty associated with the wrongful termination of benefits. With extensive experience in disability and elder law, the firm offers knowledgeable support to individuals across Southern California, including Redlands, Riverside, Rancho Cucamonga, and Palm Springs.
Their dedicated team can significantly impact the success of your appeal, serving as skilled advocates to guide you through the process. Committed to personalized service, The Elder & Disability Law Firm, APC, helps clients understand their rights and the steps needed to regain their benefits.
Understanding Why Your Benefits Were Terminated
Before you can appeal, it helps to understand why the SSA stopped your payments. The SSA conducts periodic reviews, known as Continuing Disability Reviews (CDRs), to determine if you still meet the criteria for disability. A termination notice is usually sent if the SSA believes your medical condition has improved to the point where you can return to work.
Common reasons for benefit termination include:
Medical improvement: The SSA determines that your health has improved enough for you to engage in what they call "substantial gainful activity" (SGA).
Returning to work: If you start working and your earnings exceed the SGA limit, the SSA may decide you are no longer disabled. The SGA amount changes annually.
Failure to cooperate: Not responding to SSA requests for information or failing to attend a scheduled medical examination can lead to termination.
Incarceration: Being convicted of a crime and serving more than 30 days in prison can result in the suspension of your benefits.
Reaching retirement age: If you are receiving Social Security Disability Insurance (SSDI), your benefits will automatically convert to retirement benefits when you reach your full retirement age. This is not a termination, but a change in the type of benefit.
The termination notice you receive from the SSA should explain the reason for their decision. Carefully reading this letter is the first step in preparing your appeal.
The Four Levels of the Social Security Appeal Process
If you disagree with the SSA's decision to terminate your benefits, you can appeal. The appeals process has four distinct levels. You must typically go through them in order.
Level 1: Reconsideration
The first step is to request a Reconsideration. You must file this request within 60 days of receiving your termination notice. During this stage, your case is reviewed by a different disability examiner at the Disability Determination Services (DDS) office—someone who was not involved in the original decision. You have the opportunity to submit new medical evidence that supports your claim of continued disability. It is also wise to include a statement explaining why you believe the original decision was incorrect.
A key benefit of appealing a termination is the option to request that your benefits continue during the appeal process. To do this, you must file your request for Reconsideration within 10 days of receiving the notice. While this can provide financial relief, be aware that if you lose the appeal, you may be required to repay the benefits you received during this period.
Level 2: Hearing by an Administrative Law Judge (ALJ)
If your Reconsideration is denied, the next step is to request a hearing before an Administrative Law Judge (ALJ). Again, you have 60 days from the date of the Reconsideration denial to file this request. This hearing is your chance to present your case in person.
You can submit new evidence, bring witnesses (like medical or vocational professionals), and you or your attorney can question them. The ALJ will review all the evidence from your file, along with any new information presented at the hearing, and make an independent decision. Having an attorney at this stage is highly beneficial, as they can prepare you for the hearing, question witnesses, and make legal arguments on your behalf.
Level 3: Review by the Appeals Council
If the ALJ denies your claim, you can ask the Appeals Council to review the decision. The Appeals Council will review the ALJ's decision to determine if there was an error of law or an abuse of discretion. The Council is not required to review every case. It may deny your request for review if it believes the ALJ's decision was correct.
If the Council decides to review your case, it can either make a decision itself or send the case back to an ALJ for another hearing. This stage focuses more on legal technicalities than on the facts of your disability.
Level 4: Federal Court Review
The final level of appeal is to file a lawsuit in a U.S. District Court. If the Appeals Council declines to review your case or you disagree with its decision, you can take your case to federal court. This is a formal legal proceeding in which a federal judge will review the entire record of your case to determine whether the SSA's final decision was supported by substantial evidence and followed the correct legal standards.
The Role of California Law in Social Security Appeals
While Social Security is a federal program, state agencies play a significant part in the process. In California, the Disability Determination Services Division (DDSD) is the state agency that works under contract with the SSA. The DDSD is responsible for making the initial and Reconsideration-level decisions on disability claims for California residents.
When you file for disability or when your case is up for a Continuing Disability Review, your file is sent to a DDSD office in California. The disability examiners and medical consultants at this office are the ones who review your medical records and decide if you meet the SSA's definition of disability.
California does not have separate laws that override federal Social Security regulations. However, your rights within the state's legal and medical systems can affect your case. For instance, California laws regarding patient access to medical records can help you gather the evidence needed for your appeal.
Working with a local attorney who is familiar with both the federal SSA regulations and the practices of the California DDSD can provide a clear advantage. They understand how evidence is evaluated locally and can help present your case most effectively.
Social Security Cancellation Attorney Serving Redlands, California
The Elder & Disability Law Firm, APC, is a hands-on firm dedicated to walking clients through every step of the legal process. Their team helps families protect their assets and develop a comprehensive plan for the future.
Their goal and driving purpose are to provide clients with legal guidance to protect their assets, families, and independence as they grow older. Located in Redlands, California, serving Southern California, including Riverside, Rancho Cucamonga, and Palm Springs. Call today to schedule a consultation.