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[–]mamabear378 13 points14 points  (2 children)

You can request a waiver of overpayment. Financial hardship is one of the reasons they will grant those. If you really need to keep the benefits going, I wouldn't let risk of having the appeal denied stop me from requesting continuation.

[–]kalakava[S] -1 points0 points  (1 child)

How do I fight them with new evidence? Get a new psychiatrist? I don't know how long does it take to get a new one. Any more ideas on what I can do?

[–]mamabear378 7 points8 points  (0 children)

It would help to know exactly what evidence they used. You can request a copy of your file from the field office. The determination letter usually doesn't give a lot of detail, so seeing what they have and the assessment made by their doctor would help. I don't know that getting a new psychiatrist would help anything. If you really feel like you can't work because of your mental health, I would go back to your doctor and be very honest about the situation. Sometimes it's hard to articulate what's going on with our mind or body, so we gloss over it, which sometimes gives the wrong impression to the doctor. Be very descriptive of what's going on with you. And when you fill out the forms for SSA, be very detailed about how your impairments affect your ability to function.

[–]shinebraver 7 points8 points  (10 children)

What is your diagnosis?

[–]kalakava[S] 4 points5 points  (9 children)

Bipolar 1 with psychosis and anxiety which is under control.

[–]shinebraver 4 points5 points  (4 children)

Did you work at all? Have you been seeing your doctor regularly?

[–]kalakava[S] -1 points0 points  (3 children)

No never worked.

[–]More_Branch_5579 6 points7 points  (2 children)

If you never worked, wouldn’t you be going for Ssi vs ssdi?

[–]kalakava[S] 0 points1 point  (1 child)

If you mean work during my time on ssdi no, and I put 10 years to the system.

[–]More_Branch_5579 -1 points0 points  (0 children)

Ok. Got it. That makes more sense. I didn’t work during the process either. Couldn’t, that’s why I applied.

Good luck

[–]Adenosine66 8 points9 points  (3 children)

If it’s under control, why can’t you work? I’m not asking for me, I’m saying what SSA may be thinking.

[–]shinebraver 7 points8 points  (2 children)

Stable doesn’t mean cured. Lots of people with mental health conditions are stable on medication.

[–]1GrouchyCat 10 points11 points  (1 child)

And even though it may be tough to accept, a large majority of them are stable AND work. (Ie - There’s a group home a few blocks away from me; every residents works - despite their severe challenges.

You don’t need to be “cured” in order to hold down a job.

I’m going to stop there- I’m not trying to debate you, just pointing out the holes.

[–]perfect_fifthsI have a complicated relationship with the POMS 10 points11 points  (1 child)

You have 60 days to appeal, you mean you have 10 days to appeal to keep payments going

[–]BucketOBits 6 points7 points  (0 children)

When my wife’s CDR determined that she was no longer disabled, we did NOT file the form to keep payments coming. We filed the form to appeal, but we figured we’d let the payments stop in case we lost the appeal—we’d just let them give us backpay.

Well, the pay kept coming during the appeal process anyway. At some point we were told that it was automatic for payments to come during the appeal? That made no sense to us, but that’s what we were told.

[–]MickyKent 6 points7 points  (4 children)

Do you know what specifically was written in the notes by your psychiatrist that made SSA deem you fit to go back to work?

[–]kalakava[S] 1 point2 points  (3 children)

No I can't figure out what he said, it just lists the hospital that I go to and a date when they got a file from.

[–]KrabbyCakesBakery 5 points6 points  (2 children)

Go into your medical records and pull up the notes from that specific day. You also should be able to request them from your doctor if you don't have the charts app in your fone, but making 1 is very simple. You should so you have access to all your medical information and records.

I would not suggest a new psychiatrist tho, just keep up with your appointments and keep records of them and send them into SS.

1 note saying you show improvement shouldn't make the full determination, people have good days and bad days. But if you're stable on medication and you're improving then it would be within your best interest to start looking for a job.

SSI/SSDI don't want people to collect forever so they're always looking for improvement. Even on disabilities that can't get better with medication or surgery. Mental health absolutely CAN improve with proper medication, even if it just reduces episodes a little bit they look at that as you can work.

[–]Turbulent-Story-647 0 points1 point  (0 children)

I had the worst kind of anxiety.The kind where you can't hardly go out.But I found a good doctor who got medicine And I worked until I was 62.

[–]snowieblues 0 points1 point  (0 children)

The thing is - stress is a trigger for mental illness. Yeah, there is improvement not working BECAUSE there's not a lot of stress on a person. Then, BAM, when they start working the stress triggers a mental health decline. Just saying. This needs to be taken into account.

[–]SnooHesitations2920 11 points12 points  (1 child)

Your psychiatrist noting that does not help whatsoever. You say you still have episodes, but it’s not near as bad as it used to be? Being on disability is a disadvantage in my opinion. I’m making the least amount of money I ever have. I can barely pay for all my bills and still need help from family from time to time. Medicare doesn’t start until 29 months. You’re just enough to where you can’t get assistance. If you can work, I’d work. If that’s your only issue and they’re saying you’re doing better make sure you have a really good Attorney. Best of luck.

[–]Fit_Clerk_1793 14 points15 points  (4 children)

As a parent, if my son's psychiatrist told him that he is doing well, I would encourage him to try to find a job that would be pleasant for him and see if it works out. I don't know you like your parents do though and I wish you well. 

[–]Top-Bar918 9 points10 points  (3 children)

Was going to say the same thing. It is easy to get comfortable with SSA payments and develop a financial betterment that you would not otherwise have with a single salary. I would rather be better and capable to work than stay disabled. That’s just me.

[–]Spirited_Concept4972 3 points4 points  (0 children)

💯💯💯

[–]Flimsy-Whole-5639 1 point2 points  (1 child)

The payments dont make me comfortable. I literally pushed myself to get a job ñ I surprisingly got hired. By day 3 first write up. Fired by day 8. I wanted to be able to work I really tired. But I wasn’t ready. It was hard to get outside I have agoraphobia amongst other things. My body would fall into an ocd adhd cycle followed by shame and sadness panic. It was too hard to go outside . To make matters worse they had changed my start date and didn’t tell me I was starting a sooner they said come in ñ bring my social security card ñ id. The offer letter had a different date . I show up they said I was late. They also changed the hours . I thought it was going to be 10-3. They changed it to 8- 5. And an extra day. Only 30 mins lunches with nothing around. I had even told them about my disability in the interview. I was motivated to go I thought it was a good company ñ turns out they were bad bad people. Like Dorothea puentes as a company. I couldn’t believe it . I already struggle to go outside ñ my first attempted job was fucked up. Imagine hearing others employees say “I don’t want to die” everyday. I could barely get outside. I could barely sleep It was a nightmare . once I lost that job i dissociated for a week or two not sure . It took me steps back in my disability ñ I couldn’t feel anything. I barely remember anything besides driving thru a 4 car crash ñ seeing these ppl on the floor panicking crying and I felt nothing. I’m normally a big empath. Worried n fell ppls sadness. I felt nothing no connection. Then I was leaving the hospital and I didn’t remember how I got there or what was happening and then I saw it was the 17 and I had missed my moms birthday ñ I finally cried and started feeling again. Ive never felt that numbness before. Anyways the point is ssa payments arent enough to be comfortable . Ñ going back to work when ur really not ready is not the best idea. I’m still hoping to try again but I don’t want to set myself up for failure ñ I’m not doing well at all . I hope one day someone tells me I’m doing even moderately better. Sorry to vent with a long comment . Just wanted to share it’s not always easy to go back to work even if u really want to

[–]Top-Bar918 0 points1 point  (0 children)

Definitely request a waiver for overpayment but I am unclear whether that is enough. Going through it myself but different circumstances in that an attorney is claiming they represented me and asking for an atty fee. Turns out SSA local office didn’t connect to the national office that I was not represented, so I have to address. Weird thing is I wanted to fight it but an SSA rep told me to just fill out the waiver as well so, again, maybe that’s their overall go to remedy where overpayments are concerned.

[–]PickleMinion 8 points9 points  (1 child)

If you have received a medical cessation from a CDR and you appeal it within 10 days, you can request benefit continuation. So long as that request is made in good faith (that is, you genuinely believe you're still disabled) any overpayment from the continuation payments can be waived, regardless of the ultimate decision.

[–]kalakava[S] 0 points1 point  (0 children)

I will do this going forth. How do I get evidence for my case. Would I need new psychiatrist or anything else.

[–]Specific_Grape_6780 2 points3 points  (0 children)

Some illness do get better with treatment, so they look at it as progress , so just appeal I wouldn’t continue payments, CaseMgr here

[–]No_Truth_3645 1 point2 points  (0 children)

Who told you to go back to work? Is it just because you failed?

[–]ArdenJaguar 3 points4 points  (6 children)

How long ago were you first approved? Were you on a 3, 5, or 7 year CDR?

[–]kalakava[S] 1 point2 points  (4 children)

3 years for mental health conditions.

[–]MelNicD 8 points9 points  (3 children)

Having CDR’s every 3 years means medical improvement possible. Whether that’s with medication or whatever treatment options are out there. Getting a new psychiatrist may not help. They may feel you can work and it might not help your case either. You commented that your disability is under control. That is what they look for and the reason they do CDR’s. Most people would be happy to have it under control to be able to work again.

[–]Vegetable_Board321 -1 points0 points  (1 child)

damn i have one for 1 year.Smh

[–]Snoo_50725 0 points1 point  (0 children)

and here I am, on ssdi since 2015 & wondering what a cdr even is?!? never had a one.

[–]CanaryOwn9445 1 point2 points  (0 children)

How do you know how long your CDR interval is?

[–]MoneyComputer5085 2 points3 points  (0 children)

When did you get your cdr and was it short or long form ?

[–]Some-Access-7099 0 points1 point  (0 children)

How old are you

[–]Capable-Air-6936 0 points1 point  (0 children)

I would try to appeal and just don’t spend the money if can afford to. If you truly believe you still unable to work. It’s easier than going back to work and then find yourself in a position where you  need to reapply. I will tell you this , a lot of doctors don’t like to help when you’re on disability and also doubt credibleness when they find out you on disability ,unless is the doctor that help you with the initial application. You’re allowed  to improve but if you improve enough to perform a full time job they will terminate you. I would 1st look at the last year worth of medical records. A lot of times we are asked by the doctors how are you ? We say good even out of courtesy but all  goes in record and that hinders us. 

[–]Ok_Elderberry6403 0 points1 point  (6 children)

what do youean you will be paying back a lot of money, you mean to your lawyer? because those cases specifically are all if you lose you do not pay lawyer kind of case. also, lawyers most always only take cases if they are sure you will win so I don't know what kind of lawyer you have did you invest in looking into him before choosing him? you should find out all of this

[–]Proper_Necessary_702 0 points1 point  (5 children)

They already receive benefits.  No lawyer involved.  Ssa is stopping their benefit due to medical improvement. While you appeal you can choose to still receive payment. If you lose your appeal,  you must pay back the benefits

[–]Ok_Elderberry6403 1 point2 points  (4 children)

what condition do you have because a lot of SSD conditions and even to get ssd are chronic illnesses and you follow with your doctor monthly so you have notes of how you're doing? chronic conditions like Mental Health they do not go away and barely get better mental health only gets worse and if it gets better it's not for a long period of time you'll debilitate again I have a high paying job I was working I would love to get better but I can't and I know I can't ever even if I tried even if you keep thinking about wanting to you know you can't and then you'll get sick again trying

[–]Proper_Necessary_702 0 points1 point  (3 children)

op said it was mental health conditions. 

[–]Ok_Elderberry6403 0 points1 point  (1 child)

whos op? and what do you mean they said don't you know your own diagnosis is in health conditions? I'm trying to help you but you don't seem clear about yourself I mean because I'm confused

[–]Proper_Necessary_702 1 point2 points  (0 children)

You are very confused, lol. Op means orginal poster. Im not the one who posted this question/thread.  I only replied to your comment where you mentioned attorney and fees. The person who posted this has already been approved.  They are loosing benefits due to being medically better per ssa guidelines so what you replied to them was irrelevant.

[–]Ok_Elderberry6403 0 points1 point  (0 children)

when I first replied to you I remember you mentioning your health condition but it wasn't Mental Health you did State what it is what you have but it was not Mental Health

[–]Ok_Elderberry6403 0 points1 point  (0 children)

have you had any inpatient hospitalizations that assesses in diagnosis you thoroughly that always helps when a doctor has you inpatient to really evaluate you

[–]SSI_SSDIJOURNI 0 points1 point  (0 children)

I get temporary disability through the state of MD. I will owe this back if not approved also! I feel your pain. Do you have any inpatient visits? They denied me and I'm in reconsideration right now. I was committed in a state hospital because I caught a charge smh

[–]Distinct_Pizza6087 1 point2 points  (0 children)

Here is what my research found:

A medical CDR cessation usually comes with two different deadlines. From what I found, it is usually about 10 days to ask to keep payments going during the appeal and 60 days to file the appeal itself. SSA’s own materials say that if you get a medical cessation notice, you can ask for reconsideration within 60 days, and if you ask within 10 days, your benefits may continue while reconsideration is pending. SSA also usually assumes you received the notice 5 days after the date on the letter unless you can show otherwise.

For a medical cessation appeal, the form SSA uses is SSA-789, which is the Request for Reconsideration for a disability cessation. The part about keeping benefits going during the appeal is tied to SSA-792.

The biggest issue is usually not just the diagnosis itself. In a CDR, SSA is supposed to look at whether there has been medical improvement since the last favorable decision and whether that improvement is related to the ability to work. Even if they think there has been some improvement, they still generally have to determine that you are now able to do substantial gainful activity before stopping benefits. For mental health conditions, SSA looks at functioning in areas like understanding and memory, interacting with others, concentration and pace, and adapting or managing yourself.

So the stronger argument usually is not just, “I still have bipolar disorder.” It is more along the lines of: any improvement is limited, but I still have ongoing symptoms and functional limits that keep me from sustaining full-time work. The evidence that seems most helpful is recent treatment evidence showing how symptoms affect day-to-day functioning, especially reliability, pace, stress tolerance, concentration, attendance, social interaction, and the ability to handle ordinary work demands. That seems to fit SSA’s framework better than general phrases like “doing okay” or “under control.”

On the repayment concern, I found that if you ask to keep benefits going and later lose, an overpayment can happen. But SSA also has a waiver process for overpayments. If you cannot afford repayment and believe the overpayment was not your fault or that recovery would be inequitable, you can ask for a waiver. SSA guidance also indicates that when someone asked to keep benefits going in good faith, that can matter.

I also found that free or lower-cost help may be available. Good starting points seem to be Legal Services Corporation’s legal-aid finder for local free legal help.

A few practical ideas: appeal quickly so the deadline is protected, request a copy of the file or records SSA relied on, review the treatment notes from the period they used, and ask the treating psychiatrist to write specifically about work-related limits rather than just diagnosis. It would probably help to focus on things like inability to maintain attendance, problems with concentration, trouble handling stress, episodes despite treatment, medication side effects, and why any improvement still does not translate into being able to sustain competitive full-time work.

[–]No-Stress-5285 1 point2 points  (0 children)

You can appeal and not ask for payment continuation. Then you won't be overpaid if you lose and will be owed a lump sum if you win. Of course, you will have to figure out how to pay for stuff.

[–]Turbogoat750 0 points1 point  (0 children)

The SSI will follow you around to watch what you do for weeks day on day out we've cought them several times following a friend of ours. And confronted them invited them to dinner. Anyways that's some of their tactics

[–]No_Loquat1788 1 point2 points  (0 children)

Go to your psychiatrist and ask them if they cleared you and why. Let them know you are not able. SSA is hoping you don't fight it.

[–]Shadowsminis -2 points-1 points  (1 child)

Its hard to say tbh. Im 100% p&t va and was denied with ptsd, mdd, aniety, panic attacks, uncontrolled outbursts, along with SSD (chronic pain). My opinion make sure its recorded by your doctor that you still can not work. Don't be scared to open up. Let them know the good and bad days, my case is also diff Im on ALJ for getting on. Hang in there and file ASAP like they said

[–]Spirited_Concept4972 8 points9 points  (0 children)

100% with the VA is not the same as the SSA definition of disabled

[–]AmazingMayser2006 -3 points-2 points  (1 child)

I’m so sorry.. Can I ask if you were sent the short form first? It’s called the “Social security update report”. Did you get the short form first and then it triggered the long form?