Appealing a CDR Cessation

by | May 18, 2016 | Law

While it is uncommon, some Continuing Disability Reviews (CDR) will result in a cessation. When this happens, you are threatened to lose the valuable benefits that help you lead a comfortable life while living with a disability. Thankfully, you have the right to appeal the cessation decision, and fight for the benefits you deserve.

Beginning the Appeal

First, you must request a review by the state disability determination agency’s hearing office. Normally, this state agency will be known under a name such as Disability Determination Services (DDS).

Once you have contacted the DDS, a staff member will begin to review your file. In some cases, the staff member will immediately reverse the cessation decision. However, more cases than not will end up in a hearing with the DDS hearing officer (sometimes known as a DHO), who is specially trained to review the medical and legal issues involved with the CRD cessation decision.

In the case that the DHO upholds the cessation, you will need to request a hearing in front of an Administrative Law Judge (ALJ). When denied in this step, you can then appeal to an Appeals Council, and then to a Federal District Court, similarly to how you would handle a normal denial of benefits.

Forms Needed to Appeal a CRD Cessation

Overall, you may be required to fill out several forms during the appeals process. However, there are two forms that everyone will need when entering this scenario:

-Form SSA-789-U4 (Request for Reconsideration – Disability Cessation Right to Appear)
This simple one-page document will give the court the basic information needed to begin filing your appeal, and reviewing your case.

-Form SSA-3441-BK (Disability Report – Appeal)

This form is a little more complicated, and is meant to provide the following information to SSA officials.

*     Any new information about your disability
*     The way your impairment affects your daily life
*     New information about work, education, or similar activities.
    Change in name, address, or other personal details
    Any changes to your medications
    Test results that are not included in your current SSA file
*     Your overall work status

How an Attorney Can Help

Just like the initial appeals process, appealing a CRD cessation can be a drawn-out, complicated process. To ensure you are protected during the process, and that you have the best chances of regaining your benefits, hiring a qualified disability rights attorney is important. For a stellar SSDI attorney in Maryland, go no further than the professionals at London Disability. To get started working with our firm, contact us for a free consultation.

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