What should I know about a Social Security disability review?

What should I know about a Social Security disability review?

| Apr 15, 2021 | Social Security Disability |

In San Diego, when a person receives Social Security disability benefits for an injury, illness or condition, it does not mean they will continue indefinitely. For some people who are completely disabled like a quadriplegic, there is unlikely to be a problem retaining benefits. For others, however, there is a chance that their condition will sufficiently improve so they will no longer need SSD benefits. Regardless of the situation, it is important to understand key facts about a Social Security disability review.

Fundamental points to remember for a disability review

The Social Security Administration has certain rules with SSD benefits and that includes reviews. The person receiving benefits will be informed that a review of the condition is pending. If the condition that warranted benefits has not improved and they are still unable to work, proving that will allow the benefits to continue unabated. Still, the evidence will be assessed as part of the review and there is a chance that the SSA will decide that the benefits are no longer needed. There are certain time-frames in which the reviews will be conducted. They largely hinge on the medical condition and its chance of improving.

If the person is expected to improve sufficiently to get back to work, the review will take place from six months to 18 months from the date of disability. For those who have a chance of improving – but it is unpredictable – the case will be reviewed approximately every three years. Like the example of the quadriplegic, if no improvement is expected, it will still be reviewed. In such cases, those reviews will only take place around every seven years. To retain SSD benefits, evidence must be shown that the medical condition is still in effect and has not improved. Like the initial application for benefits, the SSA will analyze the information and make its decision.

Having professional advice can be essential with all aspects of SSD benefits

Social Security disability benefits can stop if the person has benefited from treatment and vocational training; there was a mistake in the previous decision; the person is not adhering to the treatment protocol; the information given during the application process was inaccurate; there was a lack of cooperation with the SSA; or the person is working and it is considered substantial gainful activity. Still, simply because the review is being conducted does not guarantee they will be discontinued. Each case is different and people who are still negatively impacted by their condition and cannot work should be prepared for the disability review. For help during the application process, when there is a review or to appeal a denied claim, having professional advice can be imperative.

 

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