The Social Security Administration (SSA) periodically reviews disability claims. When a beneficiary’s health is expected to improve at the time disability benefits are approved, the SSA usually schedules reviews every three years. In cases where the claimant is not expected to improve, the reviews are every five to seven years.
If you have had your benefits rescinded as the result of a continuing disability review (CRD), you have the right to appeal that decision. Your first step is to fill out SSA Form 789. It’s always a good idea to seek legal counsel from a Social Security lawyer when appealing SSA decisions. If you choose to consult a lawyer, he can help you with Form SSA-789.
First, review the privacy act notice on the back of the form. You will also find information there regarding how to fill out the form. After you’ve done that, here are the basics of filling out Form SSA-789 by section:
- NAME OF CLAIMANT. If you’re claiming benefits on your own behalf, put your own name here. If you’re claiming benefits for someone else (i.e., a disabled child), put their name here. Next to this box, you will need to fill in the Social Security Number of the claimant.
- NAME OF WAGE EARNER OR SELF EMPLOYED PERSON. If you’re claiming SSDI based on someone else’s income and work history, fill this box in with that person’s name. Otherwise, leave it blank.
- SPOUSE’S NAME…This section should be filled out if you are applying for SSI. If you are only claiming SSDI, you can leave it blank.
- TYPE OF BENEFIT. Check all appropriate boxes.
By far the most important part of this Form is the next section. In it, you get to explain, in detail, why you believe the SSA made the wrong decision when they chose to discontinue your benefits. If you’ve let more than 65 days pass since the SSA’s determination, you will also need to write an explanation for why you allowed so much time to pass before requesting a reconsideration.
You will want to include as much detail as possible showing that your disabilities still make it impossible for you to go back to work. A Social Security Disability lawyer can be of immeasurable help with this, as they are familiar with the kind of verbiage the SSA needs to see before they can reverse their decision.
You will want to include as much additional information as you can that is relevant to your disability claim. This can include medical reports or other testimony which helps your case.
The final part of the form to be filled out involves checking a box to indicate whether or not you want to a face to face hearing. In the vast majority of cases, it is in your best interest to request a face to face hearing and to show up for it. Ideally, you should also have a Social Security disability lawyer with you for your hearing.
