How To Prevent Disability Benefits Cuts

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If you apply for disability benefits and are accepted, what are the chances of your benefits being cut? The good news is that there is not a very high chance of this happening. 

Possible ways to lose Social Security disability benefits could include if you have significant medical improvement, or simply if you make too much income or hold too many assets.

If you do not currently have disability benefits and you wish to determine if you are eligible, you can apply for disability income and receive disability benefits assistance. To ensure you are qualified for disability benefits, you can view our free online disability case evaluation and fill it out to determine your eligibility to apply for disability income. You can view the disability claim application on our website to receive a free disability benefits case evaluation. From there, a professional will assist you in your claim so you have the optimal chance of gaining disability benefits. 

If you already claim disability benefits, continue reading to understand how to maintain your case during reviews.

Reviews of Cases

About every three years each case is required to go through an evaluation to determine if disability benefits still apply. This is called a Continuing Disability Review (CDR). The law requires Social Security to perform a medical CDR at least once every three years. However, if you have a medical condition that is not expected to improve, they will still review your case, once every five to seven years. 

They might also consider you for a redetermination. Redetermination is when Social Security reviews your income, resources, and living arrangements to be sure you are still eligible for Supplemental Security Income (SSI) and are getting accurate payment.

Do not be worried if you receive a letter asking for your disability benefits case to be reviewed. Typically, if your health has not improved, or if your disability continues to keep you from working, you will continue to receive your benefits. The review process gives you the chance to show that you still have a qualifying disability. It also ensures that your benefits are not inaccurately stopped. The evaluation of your information allows them to determine if you still qualify for benefits. If you have more than one disabling condition, they will consider the combined effect of all impairments on your ability to work.

Review Standard and Frequency

Adult CDR’s might be stopped if you fall under one of these two qualifications:

  • the individual has had medical improvement, as it relates to his or her ability to work
  • the individual has the ability to work and gain a substantial income

If the individual’s medical condition improvement is considered:

  • Anticipated, your medical condition will normally be reviewed within six to 18 months after your benefits start. 
  • Possible, your medical condition will normally be reviewed about every three years.
  • Not anticipated, your medical condition will normally be reviewed no sooner than seven years.

During a Review

There are several things you will need to provide to have a successful disability benefits review. They will ask you about your medical condition and its improvement, if applicable. They will also ask you to provide these things:

  • Your primary doctor’s name, phone number, and address
  • Any patient record numbers for any hospitals and other medical sources that have treated you since they were last in contact with you
  • Any dates if you have worked, the pay you received, and the kind of work you performed

They will then gather information and review it to make a decision. They primarily review new information beginning with your first consultation.

First, they will ask for your medical records from your doctors, hospitals, and other medical sources. This allows them to understand how your medical condition limits activities, what your medical tests have shown, and what medical treatments you have received.

Then, if they need more information, you will have to receive a special examination or test to help them review further. An expert disability examiner and a medical consultant will cautiously review your case with all the information collected.

Disagreements Over Your Claim

If you are not reinstated for disability benefits, there are some options if you believe you still qualify. According to SSI, you have several ways to dispute the decision. 

First, you can ask for a reconsideration. This requires people who were not involved in the original review to do a second look at your case to independently determine the result. In this instance, you might be asked to appear before a disability hearing officer who will determine your appeal. 

If you disagree with the reconsideration decision, you can request to appear in front of an administrative law judge for another hearing. From here, if you disagree with the judge, you may ask for a review of the case by the Appeals Council. Lastly, if you disagree with the Appeals Council, or if they decide not to review your case, you may bring a civil action in a federal court.

While the chances of your disability claim case being revoked is a small possibility, it is important to understand the actions you can take to reinstate your benefits. Remember to not be worried when your case review comes up, give the officials accurate information, and stay up-to-date on any requests they have for you regarding your case review.

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