Continuing Disability Review: The When, What, and Why'’s

Federal statute requires that a person receiving social security disability benefits or supplemental security claim have their claim reviewed periodically to determine whether the person is still disabled after the initial determination has been made.

When will your case be reviewed?

The initial award letter will tell you when your case will be reviewed.  The severity of your condition will affect when your case is reviewed.  Generally, your case will be reviewed under the following circumstances:

• Medical improvement expected—if your condition is expected to improve within a specific time, your first review will be six to 18 months after you started getting disability benefits.
• Improvement possible—if improvement in your medical condition is possible, your case will be reviewed about every three years.
• Improvement not expected—if your medical ­condition is unlikely to improve, your case will be reviewed only about once every five to seven years.

Other circumstances that can trigger a review of your case are:

• You have benefited from vocational training, medical advances, or treatment that could allow you to work.
• Social Security made a mistake in giving you benefits initially or after a previous review
• You are not following treatment recommended by your doctor without good cause  and would be able to work if you had the proscribed treatment
• You have been working and the amount of your earnings makes it likely that you have been substantially gainfully employed.

What Happens during a disability review?

You will get a letter from Social Security advising you that your case is going to be reviewed to determine if you are still disabled.  Social Security will seek information about your medical condition at that time.  They will also contact your doctors and other medical professionals that have treated you to find out if your condition is worse or improved.  Social Security may send you to a doctor for a consultative examination, which will be paid for by Social Security.  After receiving this information social security will determine whether your condition continues to affect the kind of work you use to do and if it prevents you from doing any other type of work.

Any decision made by Social Security about the status of your disability is appealable.

Do you need a lawyer?

If Social Security stops your benefits because they determine that you are no longer disabled and you believe that your are still disabled, you should seek legal counsel from an experienced disability attorney.