Losing Disability Benefits

Losing Disability Benefits

If you have been granted disability benefits through the Social Security Administration (SSA), it is possible that they will be taken away at some point in the future. It is important for individuals who are receiving disability benefits to understanding how the process for the continuance of benefits works. Additionally, there are steps individuals can take to help keep disability benefits.

Reviews for Continuance of Benefits

The SSA is required by law to periodically conduct random reviews to ensure that an individual granted disability benefits is still disabled. During these reviews, the SSA will contact doctors and medical facilities (like hospitals) the individual visited for information on the person’s condition. Specifically, the SSA will be interested in the following:

  1. How the individual is limited by the condition.
  2. The results of any tests and what they show about the condition.
  3. The type of treatment the individual has received.

If the SSA determines that it needs more information about an individual’s condition, the individual may be asked to submit to a special examination or test, which the SSA will pay for. After gathering the information, the SSA will consider the individual’s medical condition at the last review, as well as any new health issues.

Loss of Benefits

If the individual’s condition has improved enough so that the individual can work, disability benefits will terminate. Additionally, benefits will end if one of the following occurs:

  1. Vocational training or advances in medical treatment or vocational technology allow for the individual to work.
  2. The SSA realizes a mistake was made previously in granting or continuing benefits.
  3. The individual is not following the treatment his or her doctor ordered and the individual could probably work if he or she followed the treatment ordered.
  4. The individual is not cooperating with the SSA.

It is possible to appeal the SSA’s decision to terminate disability benefits. Initially, an individual can request that the SSA reconsider the decision, which involves reexamining all of the available information. If this is not satisfactory to the individual, it is also possible to request a hearing. The decision of the hearing can be appealed to an Appeals Council. Finally, after the Appeals Council decision, an appeal can be made to the federal court system. Importantly, it is possible for an individual to have an attorney appear during any part of the appeals process. The SSA will consider the attorney to be a “representative” of the individual.

During the appeals process, an individual can request that their disability benefits continue to be paid. The individual must tell the SSA of the desire to keep receiving benefits during the appeals process within ten days of the date the individual receives the letter informing of the decision to discontinue benefits. However, if the appeal is ultimately lost, the individual may have to pay back any money received that he or she was not eligible for.

Disabilities Law Attorneys

If you have been granted disability benefits, it is very likely you rely on continuing to receive them in the future. The prospect that benefits may be discontinued can be troublesome for you. If you have any questions related to the continuance of SSA disabilities benefits, contact the experienced attorneys at the Klok Law Firm LLC.

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