In general, Social Security Disability benefits continue as long as a person remains disabled. However, under Social Security law, all disability cases must be reviewed from time to time to make sure that people receiving benefits continue to meet the disability requirements. Benefits continue unless there is strong proof that a person’s impairment has medically improved and that he or she is able to return to work.
How often a case is reviewed depends on the severity of the impairment and the likelihood of improvement. The frequency can range from 6 months to 7 years. Here are general guidelines for reviews.
- Improvement Expected: If medical improvement can be predicted when benefits start, the first review will be 6 to 18 months later.
- Improvement Possible: If medical improvement is possible but cannot be predicted, the case will be reviewed about every 3 years.
- Improvement Not Expected: If medical improvement is not likely, the case will be reviewed about once every 5 to 7 years.
During a review, the disabled beneficiary is asked to provide information about any medical treatment he or she has received and any work he or she might have done. An evaluation team, which includes a disability examiner and a doctor, then requests the individual’s medical records and carefully reviews his or her file.
If the team decides a person is still disabled, benefits will continue. If they decide that the person is no longer disabled, the individual can file an appeal if he or she disagrees with the determination. Otherwise, benefits stop 3 months after the beneficiary is notified that his or her disability ended.
Benefits for dependents continue as long as the disabled worker continues to be entitled to benefits. However, a person’s benefits may be terminated for other reasons. The most common reasons to terminate benefits are the following:
- The beneficiary dies. If the deceased was the worker, eligible dependents may become entitled to survivors’ benefits.
- The disabled worker or disabled widow(er) attains the FRA, and their benefit is automatically converted to retired-worker benefits or aged widow(er)s benefits, respectively.
- The disabled beneficiary is no longer disabled because of medical recovery or successful reentry to the workforce.
- A spouse and worker divorce (with some exceptions).
- Certain divorced spouses remarry.
- A spouse no longer has a child under the age of 16 or a disabled child in his or her care.
- A child reaches age 18.
- A student reaches age 19 or is no longer attending elementary or secondary school full time.
- Dependent children marry.
- Dependents become entitled to another equal or larger benefit.
Benefits usually stop effective with the month the terminating event occurred.
If your benefits have stopped despite the fact that you continue to be disabled, then you may be eligible for appeal the disability cessation. Contact national Social Security Disability attorney Nick Ortiz for a free case evaluation.
