Many disabilities covered by Social Security Disability Insurance (SSDI) are for life, but others may only last temporarily. If your condition falls under the latter category, will you lose your benefits once it improves?
The possibility of losing your benefits is a valid cause of concern. If your disability has a chance of improving, here are answers to some questions you are probably asking.
Will your benefits stop if your health improves?
Generally, you will receive benefits as long as you have a disability that prevents you from going to work. However, the law requires the Social Security Administration (SSA) to revisit your case periodically to make sure you still have a disability.
In most cases, your eligibility for SSDI will continue so long as your disability is at least as severe as when you were approved and still prevents you from working.
How often will Social Security review your condition?
The SSA generally reviews conditions that are likely to improve to see if beneficiaries still qualify for benefits. The process is called a Continuing Disability Review (CDR).
How often the SSA will revisit your case will depend on the likelihood of medical improvement:
- Medical Improvement Expected (MIE): Typically reviewed every 6 to 18 months.
- Medical Improvement Possible (MIP): Typically reviewed every 3 years.
- Medical Improvement Not Expected (MINE): Typically reviewed every 5 to 7 years.
During a CDR, the SSA will take a look at your medical records. If they determine that you are no longer disabled under SSA rules, they may discontinue your benefits. It is very important for you, the claimant, to gather medical records and reports from your doctors showing your medical impairments have not improved and are still so severe that they would prevent you from working.
Can you appeal an SSA decision?
If the SSA decides you are no longer eligible for disability benefits but you disagree, you can file an appeal. The first option is to ask for reconsideration, wherein people with no part in the original decision will independently review your case. If they don’t change their decision, you can request a hearing with an administrative law judge.
You can take your case to the appeals council if you still disagree with the judge’s decision. If they refuse to reinstate your benefits, you can take civil action in a federal court.
Medical impairments with the potential for improvement can be highly complex. If you feel like you have received an unfair reevaluation, an attorney can help you find the best solution to maintain the benefits you deserve.
