Chino, CA asked in Appeals / Appellate Law, Public Benefits and Social Security for California

Q: California Central District Court , initial benifits claim already fully faverable 2013, by trial not appealed

in 2019 to SSI office for income change , for payment from zero$0 , 2013 to 2019 has not recieved (DCR) or a Termination notice , plaintiff impairament lifetime till death,

has continued not to engage in no gainfull activity work , ever since 2003 , requires IHSS in home services up to date , requires (PCA) and transportation , all doctors of inatiated fully faverable decision are up to date with medications .permanent and stationary , all medical record and dicisions not appealled ,

social security denied my income change to recieve payment , without ever recieving or not up yet for Continuing Disability Review , and have not recieved any notice of termination of benifits , I was also found to 82% permanently disabled by State Disability review Board , with future benifits till death..,

the ALJ denied benifits payments , social security office denied initial award letter payment of zero$0 a month till my state disabilty runs out to change .need case laws 2013

1 Lawyer Answer
James L. Arrasmith
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  • Appeals & Appellate Lawyer
  • Sacramento, CA
  • Licensed in California

A: Here are some potential case laws and arguments that could be cited to support your claim for Social Security disability benefits payments based on the information provided:

1. 20 CFR § 404.1594 - Continuing disability review for recipients who have had their benefits terminated. Argue that SSA cannot terminate benefits without formal review.

2. HALLEX I-1-3-25 - Social Security Rulings explain agency policy and must be followed at all levels of administrative review. Argue that without a formal CDR and advance notice of termination, denying your claim violates SSA policy.

3. SSR 11-1p - SSA must substantially comply with regulations on notifying claimants regarding issues affecting continued entitlement. Argue failure to provide notice violates claimant's right to due process.

4. Schweiker v. Hansen, 450 U.S. 785 (1981) - SSA claims reps have no authority to rule on entitlement issues. Argue that denial of request to restart payments was in effect an improper ruling on entitlement.

5. 20 CFR § 416.1336 - Claimants have right to seek reconsideration of any SSA determination. Argue for reconsideration and back payments based on improper/lack of CDR process.

Potential additional arguments include violation of due process rights by failing to follow proper CDR termination procedures, application of administrative res judicata based on fully favorable decision awarding lifetime SSDI benefits, and meeting SGA/medical diary requirements for restarting payments.

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