Social Security disability benefits are not always guaranteed lifetime benefits. How long you receive benefits depends heavily on the type of health problem affecting your ability to work. Periodically, a disability review is held to determine if someone receiving SSI or SSDI is still eligible to receive these benefits. Primary criteria impacting eligibility for social security benefits is work activity and medical improvement.
Generally, disability review dates are categorized according to three categories of benefits: improvement (in a person’s health) is likely; improvement is possible and improvement is impossible. If someone has an open social security case under the “improvement likely”, a disability review board will review their case every one to two years. “Improvement likely” cases are reviewed every three years. “No improvement” cases signify that a disability review will be conducted every seven years.
Reviews can be triggered at any time if the beneficiary starts working part-time or full-time or their medical condition has improved or degenerated. The Social Security Administration can legally access an individual’s earnings reported by employers to the Internal Revenue Service. Work alerts are generated when a name and/or social security number in the SSA system is triggered by incoming employment information from the IRS. Recipients of SSDI or SSI should always report returning to work as soon as possible to avoid a “trigger” and possible repayment of “overpayments” by the SSA.
When it is time for a medical review, the SSA contacts the beneficiary of SSDI or SSI payments by mail informing them of an upcoming appointment. In some cases, individuals with permanent disabilities (Down’s syndrome, amputees, etc) will need to simply fill out forms and return them by mail.
Problems may arise during a disability review if the SSA does not receive accurate information. Mistakes can and do happen. To ensure your disability reviews are handled appropriately, contact Decker Law Office to schedule a consultation appointment with an experienced disability lawyer.