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People risk repaying benefits if they lose SSD cessation appeal

The Social Security Administration will periodically review the eligibility of people in West Virginia who receive disability benefits. The likelihood of a person's medical condition improving will determine the frequency of benefit reviews that could occur every three to seven years. Working a job could also trigger a continuing disability review. If the agency's review determines that disability no longer prevents a person from working, then a notice about the cessation of benefits will be sent. A person has the right to appeal the revocation of benefits and even have payments continue during the appeal, but losing an appeal would require the person to repay benefits issued while the appeal was in progress.

People have the option of appealing a cessation of benefits without receiving payments, but this might be difficult for people who have no other income. Regardless of the choice to continue or forgo benefit payments during an appeal, people have 65 days from the date on their notice to lodge an appeal.

An appeal could restore benefits if a person gains a favorable ruling at a hearing conducted by the agency. Even if a denial results from the agency hearing, a person has a final chance to regain benefits at a hearing with an administrative law judge.

A person who needs to approach the Social Security Administration for benefits after a work accident or disabling diagnosis may wish to ask an attorney for assistance. Whether someone is making an initial application or appealing a denial, an attorney familiar with Social Security Disability may guide the person through the bureaucracy. An attorney may be able to prepare a thorough application that fully documents medical problems. Someone impaired by burdensome mental or physical conditions might also have an attorney attend hearings and answer questions.

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Shawn Taylor, PLLC
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Charleston, WV 25301

Phone: 304-932-4619
Fax: 304-414-6040
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