Continuation of SSA Benefits Change

SSA issued an Emergency Message (Order) September 10 regarding late requests for statutory benefits continuation (SBC). SBC is an option when a continuing disability review leads to a medical cessation of disability benefits.

When a disability beneficiary appeals to the cessation or termination, they have 15 days (10 plus five for mailing) from the notice date to request SBC for themselves and any auxiliary beneficiaries (children). When asked — benefits continue while the appeal is pending. The SSA may waive claims of the overpayment if the appeal is unsuccessful. All SSA requirements must be satisfied to have an overpayment claim waived.

The SSA Order provides “due to the many limitations and closures resulting from the COVID-19 national public health emergency, and as we resume processing CDR cessations, there may be unusual or unavoidable circumstances in which individuals may find it difficult to submit a written statement for electing SBC timely.”

The SSA can approve a late request for payment continuation when it finds there was good cause for submitting the late request.

BurnettDriskill, Attorneys devotes a substantial part of its representation to persons seeking SSA disability benefits. SSA rules are continually changing. We stay current on the SSA disability rules and laws.