All Disability Social Security Questions...We Have The Answers
Posted 07/02/09
What are my options of the SSA determines that I am not disabled anymore and is cutting 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 is expected to recover, a review will be done in 6 to 30 months' time. If there is a chance that the condition will improve, a review will be done in 3 years. If the member is determined to have a permanent medical condition, the review will be undertaken after 5 to 7 years have passed.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 the results show that the member can go back to work, the Social Security benefits will be discontinued.
If you disagree with the findings of this review process, an appeal may be filed with the office of the Social Security Administration. 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 will be given every month and can be up to 50 percent of the disability benefits of your spouse. 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.
The VA found me disabled. Won't 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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