Section 2, P.L. 98-460 of the Social Security Act, provides that a disabled worker, disabled widow(er), or childhood disability beneficiary may request that benefits be continued through the hearing level in appeals of medical cessations.

Public Law (P.L.) 101-508, Section 5102 of the Omnibus Budget Reconciliation Act of 1990 made benefit continuation a permanent provision.

See DI 12027.001, DI 12027.007, DI 12027.008 and DI 12027.010 for an overview of the benefit continuation process.

The individual receiving continued benefits may be eligible to receive non-disability based benefits (e.g., retirement, widow’s, child’s benefits, etc.).

Advantages to filing a non-disability based claim during the benefit continuation period are:

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  Protection of the filing date, and

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  Establishment of immediate entitlement to benefits when the reconsideration or hearing decision of cessation becomes a final determination.