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Should I worry about a Social Security disability review?

On Behalf of | Jun 2, 2021 | Social Security Disability Insurance (SSDI) |

For people who have been approved Social Security disability benefits in Knoxville and throughout Tennessee, there will likely be a sense of relief. With SSD benefits, they receive payments because they are unable to work. During that time, they can get the care they need without worry about making ends meet. Still, it is important to remember that in most circumstances, the benefits do not continue indefinitely. There are periodic reviews that will assess the claimant and determine if the benefits should continue. Understanding this process is imperative to avoid unnecessary worry and address problems as they arise.

When disability reviews will take place

There is no specific time-frame for when disability reviews will take place, but there is a guideline depending on the person’s disability. If the condition is expected to improve, then the review will be conducted between six and 18 months from the date of disability. If it is possible that the person will improve but is largely unknown, the review will take place every three years. For those who are not expected to improve as is the case with a quadriplegic or those with severe disabilities, then it will be reviewed every seven years.

The details of a disability review

The disability review is comparable to the application process when the person was approved benefits. Medical evidence must be provided to show why the person should continue receiving SSD benefits. Medical professionals who oversee the care the person receives will provide information about treatments, tests and more. In some cases, more information will be needed to come to a decision. A special examination could be ordered to come to a fair decision.

Just like the initial application for benefits, the benefits may stop if: the person is deemed able to return to work; there was an error in the previous determination; the person is not adhering to the treatment protocol; there is a lack of cooperation; the person gave misleading information; he or she is performing substantial gainful work. When the benefits stop, it is possible to appeal just as it is with the initial filing.

Professional representation may help with a disability review

As with any aspect of Social Security disability benefits, it is natural for an applicant or a person who is already receiving benefits to be apprehensive when they are informed that a disability review is pending. While there is no guarantee the benefits will continue, the person should be aware of his or her rights no matter the outcome. Having legal protection can be beneficial to address any issue related to SSD claims, reviews and appeals.

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