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During the COVID-19 Pandemic, the Social Security Administration Is Not Acting on These Cases

During the COVID-19 pandemic from April 10, 2020 until further notice, SSA is NOT acting on the following cases based upon NOSSCR’s June 2020 newsletter. https://nosscr.org:

1. Medical Continuing Disability Reviews (CDRs) -This is good news for any adult or child with a physical or mental condition (s), who was previously awarded social security disability benefits (SSI, SSDI, DAC etc), at the initial or reconsideration by Disability Adjudication Services (DAS/DDS) https://gvs.georgia.gov/disability-adjudication-services or before an Administrative Law Judge (ALJ) at the Office of Hearings and Operations (OHO). https://www.ssa.gov/appeals/ho_locator.html

This type of CDR involves a reevaluation of your impairments. The Social Security Administration (SSA) may conclude that you are no longer blind or disabled, because your mental or physical medical condition (s) have medically improved. For example, SSA may determine that your impairments no longer meets, equals or,  in SSI child cases, functionally equal a medical listing of impairments.

Or SSA may conclude that an adult (18 years of age or older) is no longer disabled, as previously found by a vocational expert at DAS or an ALJ at OHO, who reviewed exertional and non exertional listings, and/or medical- vocational guidelines. https://www.ssa.gov/OP_Home/cfr20/404/404-app-p02.htm

Any claimant already notified that a CDR will be done on his/her case, should resume or continue mental health or medical treatment during Covid-19 if possible. It is very important to be treating with a therapist, psychologist, primary care physician or specialist in order to maintain your social security disability benefits during a CDR.

Also, be sure to check that your address is correct with the Social Security District Office https://www.ssa.gov/locator/: DAS https://gvs.georgia.gov/disability-adjudication-services; or OHO https://www.ssa.gov/appeals/ho_locator.html If you are mailed a notice for a psychological or medical consultative evaluation https://www.ssa.gov/OP_Home/cfr20/416/416-0919.htm
or a hearing notice to an old address and do not attend it, you may lose your SSI, SSDI, DAC etc benefits.

Another type of CDR occurs if you are working and are earning too much before taxes. This type of review may continue during Covid-19. You are entitled to a trial work period of nine months. “In 2020, a trial work month is any month your total earnings are over $910. If you’re self-employed, you have a trial work month when you earn more than $910 (after business expenses) or work more than 80 hours in your own business. The trial work period continues until you have used nine cumulative trial work months within a 60-month period. Extended Period of Eligibility — After your trial work period, you have 36 months during which you can work and still receive benefits for any month your earnings aren’t “substantial.” In 2020, we consider earnings over $1,260 ($2,110 if you’re blind) to be substantial.” https://www.ssa.gov/pubs/EN-05-10095.pdf

2. No non-disability hearings such as overpayments, addressing alien categories or denial of SSI benefits based upon income and resources.

3.  Suspending the processing and collection of overpayments when possible https://www.ssa.gov/ssi/text-overpay-ussi.htm

4. No organizational or individual representative payee accountings

5. No Freedom of Information Act (FOIA) requests

The social security disability law firm of Kathleen M Flynn, LLC can assist you or your child with filing a SSI, SSDI, DAC, widow/widowers or disability insurance benefits application, request for reconsideration, request for hearing, request for review before the Appeals Council or a US District Court case. Please visit our website at www.kathleenflynnlaw.com or call our disability lawyers and staff at 404-479-4431 to learn how you can receive SSI, SSDI (DIB) and veteran’s benefits.

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