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Alexia Esq.
Alexia Esq., Managing Attorney
Category: Legal
Satisfied Customers: 11716
Experience:  19 Years of Legal Practice Experience in this precise field.
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For Alexia. I am presenting below my understanding of the

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For Alexia.
I am presenting below my understanding of the time line -- please comment as appropriate.
1) I have received a long form CDR from social Security. If I do not respond then ROUGHLY within 4 months (can be more or less) SS office would send me a cessation letter. However, If I send the long form CDR to SS office them say in 2 months -- then likely I will get a response from them in a couple of months where they would either deny my disability, approve continuation of my disability or ask for more information. I have to respond (appeal if the decision is negative) to their response within 10 days if I want to continue to be paid disability while I am appealing . Otherwise I have 60 days to appeal – but in this case I would not be paid for my disability while appealing. If I win on appeal I will get reimbursed for whatever SS did not pay me.
2) If I do not respond to the long form CDR – then roughly within 4 months the SS office will send me a cessation letter. I have to appeal within 10 days to continue receiving the disability or within 60 days if I do not want to continue to receive the disability payments while I am appealing.
3) After I appeal to the cessation letter – I would either get a reconsideration with the hearing officer or denial of my appeal. My question – how long is this process?
4) If I get the denial of my appeal – then I can go the ALJ judge – the wait for the decision from him is about a year or so. Would I still be able to have benefits while I am waiting on the decision from the judge? And if not – if there is a back pay if I win?
5) What are the reasons for SS to ask me to pay back if I lose on appeal. If I start working – would that be a good reason to ask for paying back? I have heard that SS office does not ask for pay back unless you did not cooperate with them? Is submitting the long form CDR late (within 2 months) means being non-cooperative?
6) Can I drop the appeal at any time (for example I started working, etc). Are there any repercussions in doing this?
7) What about the Medicare – if I keep the Medicare and get paid for the medical services – and later on lose on appeal – can SS ask me to pay for the medical services provided by the doctors? This can be a lot of money. Can I drop the Medicare coverage (I also covered by another insurance) during the appeal but continue with the disability appeal?
I will follow up later with another separate question on hiring the attorney.
Submitted: 1 year ago.
Category: Legal
Expert:  Alexia Esq. replied 1 year ago.
Hi, my name is XXXXX XXXXX I thank you for your inquiry. I have been practicing law for 19+ years and look forward to assisting you.

For Alexia.
I am presenting below my understanding of the time line -- please comment as appropriate.
1) I have received a long form CDR from social Security. If I do not respond then ROUGHLY within 4 months (can be more or less) SS office would send me a cessation letter. However, If I send the long form CDR to SS office them say in 2 months -- then likely I will get a response from them in a couple of months where they would either deny my disability, approve continuation of my disability or ask for more information. I have to respond (appeal if the decision is negative) to their response within 10 days if I want to continue to be paid disability while I am appealing . Otherwise I have 60 days to appeal – but in this case I would not be paid for my disability while appealing. If I win on appeal I will get reimbursed for whatever SS did not pay me. Sounds right.
2) If I do not respond to the long form CDR – then roughly within 4 months the SS office will send me a cessation letter. Or possibly a reminder letter. I have to appeal within 10 days to continue receiving the disability or within 60 days if I do not want to continue to receive the disability payments while I am appealing. OK.
3) After I appeal to the cessation letter – I would either get a reconsideration with the hearing officer or denial of my appeal. My question – how long is this process? Like your initial claim, it depends on how busy they are.

4) If I get the denial of my appeal – then I can go the ALJ judge – the wait for the decision from him is about a year or so. Would I still be able to have benefits while I am waiting on the decision from the judge? Yes. And if not – if there is a back pay if I win? Yes.
5) What are the reasons for SS to ask me to pay back if I lose on appeal. That would be because you received moneys not owed you, since you were not legally disabled, as it turned out. If you weren't owed the money, as it turned out, then you must return it to its rightful owner.


If I start working – would that be a good reason to ask for paying back? The default IS that you must return the overpayment. Unless, you ask for and receive a waiver of overpayment - typically based on hardship and no wrong doing. If working shows you lack hardship and/or shows that even you knew you were not unable to work (not disabled), it will be hard to argue you should get a waiver.

I have heard that SS office does not ask for pay back unless you did not cooperate with them? Not true, BUT lack of cooperation will definitely hurt your chances of getting that waiver.

Is submitting the long form CDR late (within 2 months) means being non-cooperative? No, I don't believe so. But if you appeal, you will need to get that info in if you want a chance at winning the appeal. By the time an overpayment is determined, they'd have long since had your CDR.

6) Can I drop the appeal at any time (for example I started working, etc). You can request a withdrawal of your Request for XXX, yes (whichever stage you are at). They are invariably granted. Once your request for that particular review/appeal is granted, you are left with that last denial still in place.

Are there any repercussions in doing this? Just that noted above. And of course, repayment of overpayment.

Please put the additional questions into a new transaction post, as we have somewhat exceeded here and this Medicare issue will have to be re-researched to confirm the current status quo, which is rather time-consuming. Thanks for understanding. I am happy to do that research for you.

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions.

Sincerely,

Alexia Esq.

Alexia Esq., Managing Attorney
Category: Legal
Satisfied Customers: 11716
Experience: 19 Years of Legal Practice Experience in this precise field.
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