NL 00705.010 Model Letter K - Statutory Blindness Freeze Allowance - DIB Denial - Claimant Age 55 or Over

Prepare on SSA-L951-C2/U2

Social Security Notice

 

Your disability application has been approved. We have established a period of disability for you beginning         .

It has been determined, however, that you are not entitled to disability insurance benefits. The law provides that an individual who has attained age 55 and meets the definition of blindness contained in the law can qualify for disability insurance benefits if he is unable by reason of such blindness, to engage in substantial gainful activity requiring skills or abilities comparable to those of any gainful activity in which he has previously engaged with some regularity and over a substantial period of time. It has been determined that the work you have been doing is substantial gainful activity and utilizes the same skills or abilities that were required in your work performance prior to   (1)  . It is therefore necessary to deny your application for disability insurance benefits.

If you stop working or if your earnings are reduced to (2) or less per month, you should file a new application for disability insurance benefits at any Social Security office.

Under the law the period of disability established for you must end when you no longer meet the definition of blindness contained in the law or when you reach full retirement age, whichever occurs first.

This period of disability now established for you is important. It protects your right to benefits at retirement age. It also protects the amount of these benefits and the benefit rights of your dependents and survivors. However, in cases where a disabled worker was furnishing one-half support to a parent when the period of disability began, proof of this support must be submitted without delay. Failure to do so may cause such parent to be ineligible for benefits at a later date.

If you believe that this determination is not correct, you may request that your case be reexamined. If you want this reconsideration, you must request it not later than 60 days from the date you receive this notice. You may make your request through any Social Security office. If additional evidence is available, you should submit it with your request.

If you have any questions about your claim, you should get in touch with any Social Security office. Most questions can be handled by telephone or mail. If you visit an office, however, please take this letter with you.

 

1. 1. 

   1. a. 

      The attainment of age 55 (if attainment of age 55 is later than the onset of statutory blindness), or

   2. b. 

      The date the evidence shows that you became blind.

2. 2. 

   The appropriate SGA amount.