Unfortunately, as Social Security attorneys are aware, disability benefits can be stopped, even after you have initially been approved. As a result, disability benefits are not necessarily guaranteed for life. The Social Security Administration will, on occasion, review your case to determine if you are still disabled. If you are in need of help because you are in the midst of a review or if you have any questions regarding this process, please contact one of our Boise Social Security attorneys for assistance.
How often a case is reexamined is different for everyone. If the claimant has a medical condition that is expected to improve, it may be reviewed as early as 1-2 years after the initial decision was made. However, if there is no indication that the condition will improve, a case may not be reviewed for up to 7-10 years. Finally, if the claimant’s condition only has a possibility of improving, it is usually reviewed at the 3 year mark. Any children that receive disability are automatically reassessed when they turn 18.
Social Security attempts to reward individuals who are working despite having a disability. As a result, it’s possible to earn money at a job and continue to receive benefits. However, you must make Social Security aware that you are working as well as when your pay or duties change and when you have to pay work expenses related to your disability. There are rules in place regarding employment. If this is a trial period, you can exceed the Substantial Gainful Activity limit for a brief perioed. A second program, the Ticket to Work Program enables you to try working again without the fear of losing your benefits.
There are two types of reviews conducted by the SSA. The first is referred to as a medical continuing disability review. This is completed to make certain the claimant continues to meet the medical requirements necessary to collect disability. The second is called the work continuing disability review. During this process, the SSA looks at the claimant’s earnings to determine if they still meet eligibility criteria.
There are several reasons why a case may be flagged for a continuing disability review. These reasons include whether the SSA is made aware that you are not following your treatment protocol, medical evidence suggests your condition has improved, a new treatment has been introduced that relates to your condition, if you inform the SSA that your condition has improved, or if you choose to return to work.
When your claim is due for review, you’ll receive a notice by mail. You will be asked to complete paperwork regarding the status of your condition. Additionally, the SSA will request a list of treatment facilities you have visited as well as copies of your medical records. This is very similar to the process you followed when initially filing for benefits. If you have rarely visited the doctor’s office or if there is an insufficient amount of medical records, you’ll be scheduled for a Consultative Exam. This is one reason it’s important to continue seeing your doctor on a routine basis.
It is much better to see a doctor that is familiar with your condition as opposed to having your case reviewed by an SSA employee. Make certain that you continue to tell your doctor about any symptoms you are experiencing at every visit. However, tell the truth and never exaggerate or understate your symptoms. If your symptoms are unchanged or have worsened, your disability benefits will be continued. However, if your symptoms have improved, SS will carefully examine your case to ensure you still meet disability requirements.
It is imperative that you complete all forms pertaining to your continuing disability review and return them quickly. If they aren’t returned, the SSA will send a second notice. If you still fail to submit the requested paperwork, your benefits will be terminated. Please contact our Social Security attorneys for further assistance if you have any questions regarding a continuing disability review.
There is no need to worry when you disability case comes up for review. In most cases it is easier to pass a continuing disability review than it is to be approved in the first place. In the event your benefits are stopped, you have the right to appeal. Contact any of our Social Security attorneys in Boise, Idaho with any questions or to request further assistance.