Teaching The Correct Answers To All The Disability Social Security Questions
by: albert.tobega on Tue, 18 Nov 2008 at: 10:11 AM Go to: Previous Article Next Article
What can I do if the SSA finds that I am no longer disabled and wants to cut off my Social Security benefits? All cases that pass through the Social Security Administration are reviewed periodically in order to determine if the member is still disabled. The time period between reviews are slightly different depending on the members medical condition. If the members condition is expected to improve, he or she will be up for review in 6 to 30 months. If a possibility that the condition will improve remains, the review will be undertaken after 3 years. If the condition is deemed permanent, a review will be done in 5 to 7 years.
When the time for the review comes, the case will be forwarded to the Disability Determination Services department in order to determine the members continued eligibility for Social Security benefits. A number of questions will be asked regarding the original condition, any changes that have occurred, any treatment that has recently been undertaken, and the work status of the member since the Social Security benefits were given. At this point, a medical examiner will determine whether or not the condition has improved. If it is determined that the member is able to return to work, the Social Security benefits will stop.
If you feel that you are still disabled at this point, you may appeal the decision with the Social Security Administration office. A hearing will then be done, in which your case will be subject to a reconsideration. If the decision to discontinue your Social Security Benefits still stands, you may make an appeal in a federal district court or present your case before a judge of administrative law.
Can I receive any benefits for caring for my spouse who is disabled? While the SSA does not pay caregivers of disabled spouses directly, they may be able to receive benefits of their own. These benefits are given monthly and can be equal to 50 percent of the disabled spouses benefits. Keep in mind that there is a limit to the total amount of social security benefits that can be given to a family based on your spouses Social Security account.
The VA found me disabled. Wont SSA come to the same conclusion? Unfortunately, the SSA system does not gauge varying levels of disability, unlike the VA system. Therefore, while you may be eligible for benefits under the VA system even if you are only partially disabled, there is still a chance that you may be turned down by the SSA.
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