Can a beneficiary of Social Security benefits be denied disability benefits if the disability was terminated for a non-medical reason?

MultiRegion, United States of America

The following excerpt is from Stubbs-Danielson v. Astrue, 539 F.3d 1169 (9th Cir. 2008):

In Warren v. Bowen, 804 F.2d 1120 (9th Cir.1987) (per curiam), this court held that while the social security administrator may be foreclosed from reevaluating the disability determinations for current beneficiary recipients, the administrator is not required to presume that a previous disability has continued through a non-medically related termination of benefits. Id. at 1121. We examined then-existing regulations which provided that an applicant whose benefits were terminated for a non-medical reason would not be required to resubmit evidence of his disability if the re-application came within one year of the prior termination. Id. (citing 20 C.F.R. 416.1321(b) (1986)). We reasoned that such regulations supported the position that a presumption of disability should not extend to an applicant whose re-application came almost three yearsi.e., more than one yearafter a non-medical termination. Id.

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