This is a question that comes up quite often. Space does not permit me to give a complete answer to your question, but the following points should be noted by anyone who is currently receiving Social Security or SSI Disability benefits:
A continuing disability review (CDR) is done in most cases within 3 to 7 years after a person’s disability has been established. Based on my experience, reviews occur sooner and more frequently when a person is under the age of fifty.
Most CDR’s will ultimately result in a continuation of the claimant’s benefits.
In order for your benefits to be terminated, Social Security has to be able to prove that the impairments that caused your disability have improved from the time you were originally determined to be disabled to such an extent that you can now perform substantial gainful activity.
Again from personal experience, I am not aware of many claimants being reviewed after the age of 55, but it can happen.
The types of disabilities that provoke the reviews most often involve claimants with sudden traumatic injuries (such as automobile accidents), disability arising from mental illnesses and any other ailments that should be expected to improve with time and proper treatment.
If you have been approved for disability, it is very important that you remain under the care of a regular treating physician or physicians so you can show that you are still disabled if your case is reviewed. Your physician not only serves as your caregiver, but also is usually the only independent historian that can talk about your disabilities and how they impair you.
If it is determined after a CDR that your disability has ceased, a notice from the Social Security Administration will explain your appeal rights. I won’t go into those details here, but I would warn you of one thing: While you have 60 days to appeal the cessation of your benefits, you have only 10 days to appeal the cessation and ask for your benefits to be continued during the pendency of your appeal. If you wish to have your benefits continued you should take this step even before you retain an attorney.
In conclusion, and as previously stated, there is not enough space to give a complete answer to your question, but hopefully this general information will be of some help. There are substantial legal matters that may affect you and you are always better off to retain the services of a knowledgeable attorney familiar with the area of law that involves your particular problem.
At Nelson, Bryan and Jones, we have represented over 4000 clients at Social Security hearings. Please give us a call if you would like to talk further about Social Security or other legal issues.
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