PLEASE NOTE: Our office is still open, serving our clients, and taking new clients, too! Attorneys and staff are working remotely and/or safely apart within our office(s) while recognizing the recommended guidelines for social distancing. Your health and safety, and that of our staff, is important to our firm. In response to the threats of COVID-19, we are currently offering clients and potential clients the ability to communicate with our attorneys and staff by telephone or email. As soon as it is deemed safe to meet in person, we will be happy to schedule in-office appointments. In the meantime, please contact our office by telephone or email to discuss your legal needs. We continue to fight for your disability benefits during this difficult and unprecedented time. Thank you for your understanding and cooperation.

Facts about receiving benefits during an appeal

  1. Home
  2.  » 
  3. Firm News
  4.  » Facts about receiving benefits during an appeal

California residents who receive disability benefits will have their disability status reviewed periodically to see if their condition is improving. If an examiner finds that a condition is unlikely to improve, such a review will occur every seven years. For those with conditions that are more likely to improve, the review will occur every three years. If a person has an increase in work activity, a review may take place regardless of how much time has passed since the last one.

It is possible that a review will determine that there is no need for further benefit payments. At this time, an individual may appeal the decision, and a benefit recipient has 65 days from the date it was made to file an appeal. Furthermore, a person has the option to ask that payments be resumed while an appeal takes place. This request must be made within 15 days of finding out about a benefit cessation. Individuals who have no income other than their disability checks typically do request that their payments continue.

However, if an appeal is denied, an individual can be held responsible for repaying any benefits received during the appeal period. As with the initial application appeal process, an individual will likely have the right to a hearing with an administrative law judge.

Those who receive SSD or SSI benefits may need them to pay bills or other expenses while out of work. Therefore, individuals may benefit from appealing a decision to have those benefits suspended. An attorney or other legal representative may be able to review the case and create a strategy to obtain a favorable outcome for an individual. Legal representatives may also provide insight into whether an individual should ask for payments to continue during the appeal process.