Frequently asked questions regarding going through a disability review
For those who have gone through months and years of disability process, the recent of disability benefits is a welcome and deserved relief. And quite honestly, when you have worked so hard to get disability benefits, the last thing you are thinking about is going through a disability review. However, when that day comes, a lot of people have questions. Here are a few question frequently asked questions that I receive. I hope they help:
- Why am I going through a Review? My condition will last forever.
In today’s world of modern medical technology and innovation, scientists are discovering cures and treatments for all sorts of medical condition. In addition, depending on the treatment and how your body respond, some people actually experience an improvement on their condition. I understand that you may have a condition that will not ‘go away’ but the reality is you have an ongoing duty to prove you’re disabled. This duty doesn’t disappear because you were approved or if you believe your condition is one that will not improve.
- What should I do when SSA starts asking for paperwork?
You should approach your review as aggressively as you did your initial application. When SSA is reviewing your case to determine whether your medical condition has improved to the point where you can return to work, you must take all steps to demonstrate your medical condition is the same or worse than when you originally applied.
- Should I appeal if I’m found to be no longer disabled?
Only you can answer this question. If you believe you are still disabled, you have a right to appeal SSA’s determination that you are no longer disabled.
- Should I keep my disability benefits going during the disability process?
Again, this decision is a personal one. The reality is that most people who have been receiving disability benefits for a few years. These people rely heavily on the benefits. As a matter of fact, for some people, their survival is based on the monthly check. So, if you believe you need to continue the benefits, it’s up to you. Just remember if you lose, you may be responsible for reimbursing the government the monies you have received.
- When should I hire a representative?
It’s amazing the number of times I get a call when people FIRST start receiving paperwork about the review. It’s more of a personal preference. In theory, hiring a representative can help you present your case in such a way to keep your benefits. However, you may want to consider waiting until you’ve been determined to no longer be disabled.
- I want to hire a representative but I am having a hard time finding someone to take my case. Why am I having such a hard time?
Every representative is different in terms of why they will or will not take a case. Unfortunately, in some instances, they may not tell you why they will not take a case. The hard part MAY be due to your ability to pay. When you applied for disability benefits the first time, your representative was paid based on a contingency fee from your back pay. However, if you choose to keep your benefits going, there is no back pay which means you would have to pay an upfront retainer. As I said above, if your survival depends on your monthly benefits, you may not have the money to pay for an attorney.
- What are the chances that SSA will find I am no longer disabled?
Unfortunately, there is no way anyone can tell you what your chances are. There are too many unknowns. It depends on your medical records, what your doctor says, the reason you were initially found disabled. As I said above, just focus on being as aggressive in proving you are STILL disabled as you did when you applying the first time.
Again, these questions are some of the common questions relating to Cessation cases (Continuing Disability Review). Please let me know if you have others.