Retention Date: 11/27/2025
A. Purpose
This Emergency Message (EM) informs technicians of the implementation of the new form SSA-792 (Statutory Benefit Continuation Election Statement) and provides interim guidance to field office (FO) technicians.
B. Background
Statutory benefit continuation (SBC) allows Title II and XVI individuals and Title II auxiliaries to continue receiving benefits while they appeal a medical cessation or adverse medical reopening determination. To elect SBC, the individual must submit their request in writing within 15 days from the date of the determination notice (10 days plus 5 days for mailing).
Effective with the publication of this EM, SBC election statements are collected on the SSA-792 (Statutory Benefit Continuation Election Statement). This policy change replaces the use of the SSA-795 (Statement of Claimant or Other Person) for SBC elections.
The new form SSA-792 (Statutory Benefit Continuation Election Statement), standardizes the collection of an individual’s benefit continuation election choices during a disability cessation appeal. The SSA-792 form clearly explains the options available for continued disability benefits and Medicare coverage and includes a section to complete the good cause statement for late filing, if applicable. Additionally, the individual will be able to obtain the SSA-792 form from SSA’s website, improving customer service and streamlining business needs.
C. Accessing the SSA-792 form
Providing individuals with multiple ways they can obtain the SSA-792 form will help support timely submission of the form and reduce potential recontact.
An individual appealing a medical cessation determination who wants benefits continued during their appeal, can obtain the SSA-792 in the following ways:
· Directly from the SSA website at www.ssa.gov/forms.
· Through Upload Documents in the June 2025 release. Upload Documents can be accessed through an individual’s my Social Security account or a link on the SSA.gov webpage.
· By contacting SSA over the telephone or visiting a FO in person to request the SSA-792.
If the individual visits the field office in person, obtain the SSA-792 from inForm.
REMINDER: To continue benefits, both the SSA-792 and the appeal request must be received within 15 days from the date of the determination notice, unless good cause is found for a late election. If the individual only requests the SSA-792, ensure the individual has the appropriate appeal forms to submit a complete appeal request.
D. FO processing instructions
Upon receipt of a completed SSA-792, process the appeal request and SBC election following standard procedures and place the SSA-792 in the individual’s official folder.
· For fully electronic folders, fax the signed form SSA-792 with the SSA-792 barcode into section E of the electronic folder (EF). Verify the document is in the EF and shred the paper form.
· If the folder of record is paper, scan the form into Evidence Portal and place the signed SBC Election Statement (SSA-792) in section E of the modular disability folder (MDF).
E. Good cause consideration
An SBC election is considered late if it is received more than 15 calendar days (10 days plus 5 days for mailing) from the date of the medical cessation, adverse medical reopening determination, or an unfavorable reconsideration on a medical cessation determination. The SSA-792 includes Section E – Good Cause Statement, where the individual provides the reason(s) for their untimely submission. Follow existing procedures for making a good cause determination and documentation requirements.
Direct all program-related and technical questions to your office TE or Program Service Center (PSC) Operations Analysis (OA) staff. RO support staff or PSC OA staff may refer questions, concerns or problems to their Central Office contacts.
References
DI 12027.001 Statutory Benefit Continuation (SBC)
DI 12027.008 Evaluating the Time Limits for Electing Statutory Benefit Continuation
DI 12027.010 Processing Statutory Benefit Continuation (SBC)
DI 81010.255 Electronic Continuing Disability Review (eCDR) Cessation Reconsideration
DI 81010.257 Electronic Continuing Disability Review (eCDR) Cessation Hearing Appeal