I often receive calls asking to file for “permanent
disability.” I have to explain that Social Security Disability Insurance and
Supplemental Security Income benefits are not considered permanent disability benefits.
In fact, the Social Security Administration (“SSA”) is supposed to review most
cases every three to five years to determine whether an individual remains disabled.
However, it is not uncommon for an Administrative Law Judge to recommend that a
“younger individual,” which is defined as a person under the age of 50, be
reviewed at the end of the first calendar year to see if there is medical improvement.
Historically, SSA had neglected these “continuing
disability reviews,” but they are becoming more and more common. SSA has the
burden of proving that there has been medical improvement when it comes to a disability
review. However, it is not uncommon for SSA to deem that a medical improvement has
occurred and stop benefits. You do have a right to appeal and you must read SSA’s
notification letters carefully and follow the instructions. Here are some tips
to keep in mind in hopes of ensuring a smooth disability review.
1. Stay in consistent treatment with your medical providers.
If you stop treating, you can pretty much guarantee your benefits will be
ceased.
2. Respond timely to all correspondences. Pay
attention to the deadlines in the letters that you receive from SSA. When
returning requested forms to SSA, make sure you either drop them off at your local
office and get a stamped receipt OR send them in by certified mail and request
a signature.
3. Get an updated letter of support from your
treating specialist if you are in the midst of a review.
4. Make sure SSA receives your updated medical records
from your doctor if they are requested. Sometimes doctors fail to respond to
SSA’s requests, which can jeopardize your benefits.
5. Finally, be realistic. Some disabilities are
permanent, but many are not. If your doctor is telling you to return to work,
you may in fact be physically and mentally ready to start working again. Start
slowly and make sure you notify SSA if you start earning money at any type of
occupation. Also, stay abreast of what SSA considers the monetary value of
full-time work as it changes every year. For 2018, full-time employment is
considered the ability to earn $1,180.00 (gross) per month or $1,970.00 (gross)
per month for those who are legally blind.
Don’t worry. If the medical evidence and objective
findings consistently supports that you remain disabled, you will likely retain
your benefits. Just remember to make sure that you follow SSA’s directions and
if you have any questions about the review process, call your local SSA office
for details.
Got a question about SSDI or SSI that you need
us to answer? Please check out our website at www.westcoastdisability.com . We try to provide you with helpful
information on our website that will allow you to successfully navigate the
Social Security Disability process. Also, feel free to email me your questions
at megan@westcoastdisability.com or
call me at (800) 459-3017 x 103.
