If we notified a beneficiary of a disability benefit termination, and he or she did not appeal, and monthly payments continued for more than 2 months after the month of termination, or date of the cessation notice (whichever is later):
Send a second notice to the beneficiary explaining the oversight before ceasing checks.
Use the following sample language in the notice:
“You were informed on (month/day/year) that you were no longer eligible for disability payments. Because of a mistake, however, the payments were not stopped at that time. We are now stopping your checks. You will be advised later regarding any overpayment. If you have been overpaid, you will have the right to request waiver of repayment of the overpayment by showing that you were not at fault in receiving the overpayment and that to recover money from you would be a hardship.
If you believe that you have become disabled since the time of the determination, you may wish to file a new application for payments. If you have any questions, contact your local social security office and have this notice with you for reference.”
The only issue the beneficiary can appeal is the substantive disability issue, i.e., cessation. If the beneficiary did not appeal when notified of the prior cessation but decides to file an appeal now, develop for “good cause” for late filing.
See Also :
GN 03101.020 - Good Cause for Extending Time Limit
DI 13015.265 — Instructions for Processing Overdue Medical Cessation and Uneffectuated Medical Cessation Cases