Benefit continuation is available in qualifying medical cessation appeals, but it is not automatic. File the medical cessation appeal and Form SSA-792 within the short continuation deadline stated on the notice and current form.
What must be filed
Use Form SSA-789 to request reconsideration of a medical decision ending disability benefits. Use the separate Form SSA-792 to elect or decline statutory benefit continuation. Filing only one of the two may not complete both requests.
What is the deadline?
The current SSA-792 says Social Security must receive the continuation election no later than 15 calendar days from the date on the cessation notice. Federal regulations describe the right as a request made within 10 days after receipt. Social Security usually presumes receipt five days after the notice date. Follow the notice and form immediately and do not wait for the 60-day appeal deadline.
A late election can be accepted for good cause, but Social Security decides whether the explanation is sufficient.
What can continue?
The election form addresses continued disability cash benefits and, for eligible Title II beneficiaries, Medicare continuation choices. The exact payments and coverage available depend on the program and record shown on the notice. Other changes, such as work or dependent status, can still affect payment.
What happens if the appeal is lost?
Continued cash benefits can become an overpayment. Social Security may request repayment, although you can request waiver under the separate overpayment rules. Form SSA-792 states that Medicare benefits received during the appeal do not have to be repaid.
Does the election carry through every appeal level?
No. If reconsideration is unfavorable and you request an administrative law judge hearing, make a new continuation election within the shorter deadline stated on that decision and the current SSA-792. Do not assume the first election automatically covers the next level.
Official sources
- Social Security — Form SSA-792 (07-2026)
- Social Security — Form SSA-789 (04-2026)
- SSA POMS DI 12026.020
- 20 CFR 404.1597a
- 20 CFR 416.996