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Should I be concerned about my continuing disability review?

| Jan 12, 2023 | Social Security Disability

There is an understandable sense of relief for Indiana residents who have applied for Social Security Disability benefits and been approved. Not only does this help them make ends meet, but it gives them time to recover from their injuries or condition and prepare for the future.

Still, those who have received their benefits and are not yet able to get back into the workforce or may never be able to get back into the workforce may be concerned about the periodic continuing disability reviews required by the Social Security Administration.

While it is not something to be overtly fearful about, it is useful to be cognizant of the process and to have advice throughout.

Key aspects of a continuing disability review

The SSA will continue providing the benefits while the person is disabled. While a significant number of people keep getting benefits, others have them stopped for a variety of reasons. The time at which the reviews are conducted will vary based on the person’s condition.

Achieving medical improvement sufficient so the person can get back to work is one reason the benefits will stop. The SSA will assess the person’s capacity to improve beforehand. This will dictate when the reviews will take place.

When there is expected improvement, the review will take place between six months and 18 months after the initial decision. If improvement is possible, it will be conducted around every three years. If it is not expected, the review will take place about every seven years.

Of course, the injuries and the prognosis are keys to the time at which the review will take place.

Those who are quadriplegic will experience limited improvement, if any. A person who has a back injury might improve with treatment and time passing. When a person first gets benefits, they will also receive information as to when the first review will be conducted.

Benefits can be stopped for two fundamental reasons. First, if the person has tried to work as part of a Trial Work Period and completed nine months, the SSA will check if the work was “substantial.” There are financial levels that determine this.

The benefits are suspended in months when the person earns more than the substantial limit in the 36 months of re-entitlement following the Trial Work Period. The benefits can start again once the person earns less than the substantial level. In 2023, that level is $1,470. For blind people, it is $2,460.

The second reason is if the determination is made that the medical condition has improved enough that the person is no longer disabled. As with the previously mentioned back injury, a person who receive rehabilitation and treatment and does not have the same level of pain or limits may be categorized in this way.

Don’t underestimate the importance of experienced representation

Continuing disability reviews are understandably worrisome. For these cases, it is wise for people to have help they can trust. Consulting with legal professionals who have offices in several areas of Indiana, care about their clients’ needs, understand their fears and will work tirelessly to ensure the case is handled appropriately is imperative to trying to reach a positive result.

Although the continuing disability reviews are a necessity and many people who are already getting SSD benefits will continue to do so, there are times when the benefits stop. Just like with the initial application, there are levels of appeal that can be used to try and overturn the stopping of the benefits.

This is a worry for many. From the start, it is vital to have assistance from those who are experienced in all aspects of a disability claim. This includes continuing disability reviews. At any point in the case whether the review is scheduled, is ongoing or has already happened, it is important to call for advice and representation immediately.