Teaching The Correct Answers To All The Disability Social Security Questions

07/11/09

What can I do if the SSA finds that I am no longer disabled and wants to cut off my Social Security benefits? All disability cases are subjected to regular reviews by the Social Security Administration. The time period between reviews are slightly different depending on the member's medical condition. If the member's condition is expected to improve, he or she will be up for review in 6 to 30 months. If there is a chance that the condition will improve, a review will be done in 3 years. If the condition is deemed permanent, a review will be done in 5 to 7 years.

The review will be conducted by the Disability Determination Services department of the Social Security Administration in order to find out if the member should go on receiving 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. You may then be asked to attend a hearing, upon which time a reconsideration decision will be made. 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 spouse's 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 spouse's Social Security account.

If the VA finds that I am disabled, should I expect to SSA to find me disabled as well? Unfortunately, the SSA system does not gauge varying levels of disability, unlike the VA system. This means that while the VA system can find an applicant only partially disabled and therefore be eligible for benefits the SSA may determine that no disability exists.