How Do I Appeal a CDR Cessation?

The Social Security Administration is required to conduct periodic reviews of disability recipients in order to make sure that they still meet the agency’s criteria for receiving benefits. So if you’ve been awarded SSDI or SSI, you can expect to undergo a continuing disability review (CDR) every three to seven years. While rare, CDRs sometimes result in a cessation of disability benefits—usually because the agency has decided that you’ve improved medically to the point that you can go back to work.

If, following a CDR, you’ve received a Notice of Disability Cessation from Social Security, you do have the right to appeal the decision. This process may be familiar to you if you weren’t approved for benefits on your first try, but there are different forms that you’ll need to complete, and it’s important to understand how these forms fit within the cessation appeal framework.

How Do CDR Cessation Appeals Work?

The CDR cessation appeals process closely mirrors the process of appealing an initial disability denial, although there are some key differences. First, you’ll request review by your state disability determination services office, or DDS. A staff member at the DDS office will review your file to look for mistakes, and the reviewer might reverse the cessation of disability benefits.

If the DDS review still thinks that the cessation is valid, you’ll have a hearing with a disability hearing officer (DHO) who is specially trained to review the medical-legal issues posed by a CDR cessation (for example, whether your carpal tunnel surgery and subsequent treatment improved your fine motor skills enough to do a job involving frequent typing).

If the DHO also agrees that your benefits should have ended, you can request a hearing in front of an administrative law judge (ALJ). (Unlike reconsideration reviews for initial disability claims, Social Security requires CDR cessation appeals to go through a DHO before being sent to an ALJ.) If the ALJ upholds the cessation, you can appeal further to the Social Security Appeals Council and then on to federal district court.

Using Forms SSA-789 and SSA-3441 to Appeal Your CDR Cessation

The two main forms you’ll need to start your CDR cessation appeal are SSA-789, Request for Reconsideration - Disability Cessation Right to Appear and SSA-3441, Disability Report - Appeal. Knowing how to fill them out properly (and promptly) can help increase your chances of a successful appeal.

Form SSA-789

Form SSA-789 is a short, simple form that asks for your basic information (name, address, and Social Security number) and provides space for you to explain why you disagree with Social Security’s decision to end your benefits. While you must file the form within 60 days to appeal at all, you only have 10 days to submit it if you want to keep receiving benefits during the appeal process. You’ll also need to submit an additional form, SSA-792, within those 10 days to let Social Security know that you want to keep receiving benefits while you appeal the cessation. (Keep in mind that if you lose the appeal you’ll probably have to repay these benefits.)

When completing form SSA-789, you’ll see a space where you can provide additional medical information. Fill it in with the names of the doctors who are treating you for your health problems and explain any new medical evidence you have to support a finding that you’re still disabled.

SSA-789 also gives you the option to be present at your hearing with the DHO. If you want to be present, you can simply check box one to indicate that you wish to be there. Or, you can waive your right to appear personally at the hearing by checking box two instead. If you decline to appear, you’ll need to complete Form SSA-773 as well, so that Social Security knows that you understand the rights you’re giving up by not appearing.

Form SSA-3441

SSA-3441 is the same form used to appeal an initial denial of benefits.If this is the first time you’ve filled out Form SSA-3441, you’ll need to complete it in its entirety. Even if you’ve completed the form before, you’ll need to fill it out again—but you only need to include any changes that have occurred since the last time you filled it out. If you aren't sure what’s changed, be as detailed as possible when you complete it.

Whether or not you’ve filed this form before, you should use it to provide information about any of the following:

• changes in personal information (name, address)
• new information about your condition
• additional information about your medical records
• changes in your medications
• results from new medical tests
• whether you’re working or tried to work
• how your impairment impacts your activities of daily living, and
• new information about any educational, vocational, employment, or similar services or training you’ve received.

There’s also space at the end of the form for you to provide any other information that you think is helpful. Be sure to attach any relevant medical records and give Social Security the correct contact information for everywhere you’ve received medical treatment since your CDR.

Preparing for Your Disability Cessation DHO Hearing

Assuming you choose to attend your DHO hearing, you’ll get a letter letting you know the time and location of the hearing. The letter will also ask you to notify the DHO about whether you plan to bring any witnesses to testify about your impairment and whether a lawyer will be present.

Once your hearing is scheduled, you should review your DDS case file to make sure that it’s accurate and that nothing’s missing. Pay special attention to what the file has to say about your work history, medical records, residual functional capacity, and Social Security’s technical rationale forms (which explain why the agency decided to stop your benefits).

During the DHO Hearing

DHO hearings are informal—they aren’t held in a courtroom but take place in more of a conference room setting. At the beginning of the hearing, the DHO will usually explain how the hearing will be conducted so that you know what to expect. The DHO will likely want to discuss your work history and medical treatment, and ask why you think your disability benefits should continue. At that point, you should ask the DHO to explain what significant medical improvement Social Security believes that you’ve undergone that enables you to now work, and what kind of work the agency thinks you can perform.

These questions are important because if Social Security is going to end somebody’s benefits after a CDR, they usually have to show that significant medical improvement has occurred and that they can now go back to work. And once you know what Social Security based the cessation on, you can try to prove why the agency is wrong. You’ll need to explain how your medical evidence shows that your condition hasn’t improved and that you can't do the kind of work that Social Security thinks you can do.

After the DHO Hearing

Within a few weeks after your hearing, a written opinion will be sent to you that states the DHO's decision and the basis for the decision. If the DHO doesn’t reinstate your disability benefits, you can appeal the denial to an administrative law judge at the Social Security Office of Hearings Operations (OHO).

Getting a CDR Cessation Appeal Hearing With an ALJ

If your cessation disability appeal was denied by the DHO, you have 60 days to appeal the decision to an administrative law judge. But (as with the DHO hearing), if you still want your benefits to continue during the appeal, you’ll need to file your request for a hearing within 10 days.

To request an ALJ hearing, you must file Form HA-501-U5, Request for Hearing by Administrative Law Judge; SSA-827, Authorization to Disclose Information to the Social Security Administration; and another SSA-3441, Disability Report - Appeal.

• Form HA-501-U5 is similar to the SSA-789 form you used to start your cessation appeal. You’ll need to provide your basic personal information, a statement about why you believe the CDR decision was wrong, information about any new evidence (including copies of medical records), and whether you intend on appearing in person at the ALJ hearing.
• Form SSA-827 is a medical release that allows Social Security to request and receive your personal medical information. (This is the same form you likely completed when you initially applied for disability benefits.)
• Form SSA-3441 is the same disability report that you filed with your Request for Reconsideration of Disability Cessation. When you complete the form this time, just update any new information that wasn’t discussed in your most recent disability report.

Once you’ve completed and returned the forms to Social Security, an ALJ hearing will be scheduled. Wait times for hearing dates can be long, depending on the caseload at the OHO, so you might not get a notice of your scheduled hearing for many months. If you’ve been through an ALJ hearing before, a cessation appeal hearing will be very familiar to you. (If you haven’t, you can find more information in our article on what happens at an ALJ hearing.) The judge will ask you questions in order to determine whether you’ve reached a level of medical improvement that would allow you to return to full-time employment.

Do I Need an Attorney for a Disability Cessation Appeal?

You aren’t required to hire an attorney to represent you through the CDR or disability cessation appeal process. But because the procedure can be complicated, and a lot is at stake, it's a good idea to consult an attorney who specializes in Social Security disability law.

If you find a lawyer to help you appeal a CDR cessation, Social Security will pay the attorneys' fees directly using any past-due benefits you have coming. But because of this payment system, many lawyers can be reluctant to take cessation cases if you continue receiving benefits during the appeal (since there’d be no past-due benefits available to pay the fees). When contacting potential attorneys’ offices, you should explain that you’re getting benefits and ask them if they have a fee arrangement that takes this into account. (Learn more about attorneys’ fees in our article on how much Social Security disability lawyers cost.)