Michalk, Beatty & Alcozer, L.P.


What if my SSD benefits are up for review?

Texans who have been approved for and are receiving Social Security disability benefits should be aware that the SSD benefits will not be provided indefinitely and there will be periodic reviews of the case. This is to make certain that the illness, condition or injury is still sufficiently severe that the SSD benefits should continue. This is true for any kind of disability benefits. If the person's issues have not improved, then the benefits will continue. It is vital to understand certain points about a disability review.

The medical condition will be reviewed periodically. When this will take place is contingent on the severity of the issue that led to the benefits being approved and whether it is expected to improve. If it is expected to improve, the initial review will generally be held within six to 18 months after the date of disability. If it is possible that it will improve but there is no method to predict it, the case will be reviewed approximately every three years. If there is no improvement expected, the case will generally be reviewed every seven years.

The review will consist of the person being asked how the condition is affecting them and if it has improved. Medical information, including the identity of doctors and how to contact them, will be requested. If the person worked during the time since the previous review, that information must also be provided. The Disability Determination Services will make the decision as to whether the benefits will continue or not. The medical information will be used to come to a decision. If more information is needed, the person might need to have a special examination.

If the benefits are stopped, the person has the right to appeal the case at four levels: reconsideration, hearing, Appeals Council and federal court. Those who are receiving SSD benefits need to be cognizant of the reviews that will be required. As with any matter related to SSD, having legal help is essential to handling the case.

Source: ssa.gov, "Reviewing Your Disability," accessed on May 4, 2017

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