How Will a Continuing Disability Review Affect SSD Benefits?

 Posted on March 11, 2022 in Social Security Disability

When a physical or mental condition causes a person to be unable to work, they may rely on Social Security disability benefits to help meet their ongoing financial needs. The application process for these benefits can be complicated, and a person will need to demonstrate that they suffer from ongoing issues that have prevented them from maintaining gainful employment and that their condition has lasted or is expected to last for at least one year. Even after a person is granted disability benefits, they may experience issues related to the continuation of benefits, since Social Security will conduct regular reviews to ensure that they still meet the requirements to be considered disabled.

When Does Social Security Perform Disability Reviews?

While disability benefits will be paid for as long as a person has a disability, Social Security is required by law to review cases on an ongoing basis to ensure that people who receive benefits still meet all applicable requirements. The frequency of these reviews will usually depend on the severity of a person’s condition, and reviews may be conducted as follows:

• If a person’s condition is expected to improve in the near future, a review will usually be performed between six and 18 months after the date when the person first became disabled.

• If a person’s condition may potentially improve, but medical professionals cannot predict when improvement may occur, a review will generally be conducted every three years.

• If no improvement to a person’s condition is expected, reviews will typically be conducted every seven years.

During a continuing disability review, Social Security personnel will gather relevant information about a person’s condition to determine whether any improvement has occurred and whether they still meet the qualifications to be considered disabled. These may include medical records from doctors or hospitals showing the types of treatment that have been received, the expected outcome of these treatments, and the limitations that a person’s condition has placed on the activities they can perform. Social Security may also review employment records for a person who is working while receiving disability benefits to get an idea of the types of work they are able to perform and whether they have the capability to earn enough income to support themselves.

If Social Security determines that a person’s condition has not improved or that they are still unable to maintain gainful employment, the person will be able to continue receiving disability benefits. However, Social Security may choose to stop paying benefits if it determines that a person’s condition has improved to the point where they are able to work full-time, that vocational training or new medical technology should allow the person to find and maintain employment, that the person provided false information when applying for disability benefits, or that the person failed to follow treatment prescribed by medical professionals that would be expected to improve their condition.

Contact Our Plano Social Security Disability Review Lawyers

If you are currently receiving Social Security benefits and are concerned about how a disability review will affect you, The Law Offices of Coats & Todd can provide the legal help you need. We will advise you on how you can protect your rights and ensure that you will continue receiving benefits. For help with disability applications, reviews, or appeals, contact our Dallas Social Security disability attorneys at 972-671-9922 to schedule a free case evaluation.

Sources:

https://www.ssa.gov/pubs/EN-05-10053.pdf

https://www.ssa.gov/benefits/disability/work.html

https://www.aarp.org/retirement/social-security/questions-answers/what-is-a-social-security-disability-review.html