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Social Security Disability Law

Social Security Cases: Frequency of Reviews

     Under Social Security law, all disability cases must be reviewed from time to time. This is to make sure that people receiving benefits continue to be disabled and meet all other requirements.

     Your benefits generally will continue unless there is strong proof that your condition has medically improved and that you are able to return to work.

Frequency Of Reviews
     How often your case is reviewed depends on the severity of your condition and the likelihood of improvement. The frequency can range from six months to seven years. Your award notice shows you when you can expect your first review. Here are general guidelines for reviews:

  • Improvement expectedif medical improvement can be predicted when benefits start, your first review should be six to 18 months later.

  • Improvement possible—if medical improvement is possible but cannot be predicted, your case will be reviewed about every three years.

  • Improvement not expected—if medical improvement is not likely, your case will be reviewed only about once every five to seven years.

What Happens During A Review
     After you get a letter announcing the review, someone from your Social Security office will contact you to explain the review process and your appeal rights. You will be asked to provide information about any medical treatment you’ve received and any work you might have done.

     Then your file will be sent to the state agency that makes disability decisions for Social Security. An evaluation team that includes a disability examiner and a doctor will carefully review your file and request your medical reports. If reports are not complete or current enough, you may be asked to have a special examination or test that SSA will pay for.

     Once a decision is reached, SSA will send you a letter explaining it. If SSA decide you are still disabled, your benefits will continue. If SSA decides you are no longer disabled, you can file an appeal (see next section). If you don’t, your benefits will stop three months after SSA said your disability ended.

Appeal Rights
     If you don’t agree with a decision SSA make, you can appeal it. You have 60 days to file a written appeal with any Social Security office. Generally, there are four levels to the appeals process.

  • Reconsideration—your claim is reviewed by someone who did not take part in the first decision.

  • Hearing before an administrative law judge—you can appear before a judge to present your case.

  • Review by Appeals Council—if the Appeals Council decides your case should be reviewed, it will either decide your case or return it to the administrative law judge for further review.

  • Federal district court—if the Appeals Council decides not to review your case or if you disagree with its decision, you may file a lawsuit in a federal district court.

     If you disagree with the decision at one level, you have 60 days to appeal to the next level until you are satisfied with the decision or have completed the last level of appeal.

     You have two special appeal rights when a decision is made that you are no longer disabled.

  • Disability hearing—This is part of the reconsideration process. You can meet face-to-face with the person who is reconsidering your case to explain why you feel you are still disabled. You can submit new evidence or information and can bring someone who knows about your disability. This special hearing does not replace your right to also have a formal hearing before an administrative law judge (the second appeal step) if your reconsideration is denied.

  • Continuation of benefitsWhile you are appealing your case, you can have your disability benefits and Medicare coverage (if you have it) continue until an administrative law judge makes his or her decision. However, you must request the continuation of your benefits during the first 10 days of the 60 days mentioned earlier. If your appeal is not successful, you may have to repay the benefits.


Free Social Security Disability Frequency of Reviews Consultation

Your Name: *
Your Telephone Number: *
Your Email Address: *

If you are not the claimant, please tell us the
best way to reach you:

If you are not the claimant, please tell us your
relationship to the person you are inquiring for:

Please note, we cannot properly consider your
case without a valid e-mail address.

Claimant's Name: *
Claimant's Telephone: *
Claimant's Email Address: *

*Please leave blank if you are the claimant
Claimant's Address:
City:
State, Zip:   
Telephone Number:
Cell (Mobile) Phone:

If you are the claimant, please tell us the
best way to reach you:
Your Current Age:

Work History:
Are you presently working? Yes   No
*If Yes, please note, we cannot assist you if you are working
When did you stop working?
In the last 7 years, please tell us about your work activity:

Year Full Year Part of the year Did not work at all
2007
2006
2005
2004
2003
2002
2001

Social Security Claim Status:

Have you applied for 
Social Security Disability 
(SSDI) in the last 18 Months?
Yes   No

If yes, is the 
claim still Pending?

Yes   No   Not Sure
If yes, at what level?

Was your claim denied?

Yes   No   Not Sure
If yes, at what level?

Give us the approximate 
date of your last denial:

 

Please describe your disability:
Please tell us some of your
physical and mental limitations:

Conditions & Symptoms:
Back Injury
Neck Injury
Hip Injury
Knee Injury
Foot Problems
Asthma
Bronchitis
Sleeping Problems
Depression Disorder  
Epilepsy
ADD
ADHD
Heart Problems
Poor Circulation
Nerve Problems
HIV
Hepatitis
Mental Illness
Anxiety Disorder
Panic Attacks
Bi-Polar
Multiple Sclerosis
Concentration Problems
Memory Problems

Is a doctor currently treating you?

Yes    No
If no, why not?
Is the injury work-related? Yes    No
If Yes, did you file a Workers 
Compensation Claim?
Yes    No
Are you receiving or have your 
Received Workers Compensation?
Yes    No
Do you have an attorney presently 
assisting you in a Social Security 
Disability (SSDI) claim?
Yes    No
If Yes, why are you seeking our assistance?
Please list the medications you are taking:


Are you receiving any other types of benefits
listed below? *Please check all that apply:

Long Term Disability
Early Retirement From Social Security
Widow's Benefits From Social Security
Personal Injury Settlement
Medical Malpractice Settlement
Other


How did you become disabled?
*Please check all that apply

Natural Causes
Sickness/Illness/Disease
Medical Malpractice
Car Accident
Injury or Accident
Medication or Product
Other

If you chose "Medical Malpractice," "Car Accident,"
"Injury or Accident," "Medication or Product," or "Other"

Date of incident:   *
City where incident occured: *
State where incident occured: *
What was the date of the incident?  
What city did the incident occur in?
What State did the incident occur in?   


Please tell us what happened. Be sure to include
all the facts including who was at fault and why:*


To Better Serve You:

Please tell us how you found us? If "other" please specify.
Please specify how you found us (if other than above):
If you found us using a search engine,
please tell us which search engine?
Please tell us exactly what terms you typed into the
search engine to find us? (i.e. Personal Injury Lawyers)

I understand that by filling out this free consultation form I am not forming an attorney client relationship. I understand that I may only retain an attorney by entering into a fee agreement and that by submitting this form I am not entering into a fee agreement. I understand that not all submissions may receive a response.
Yes   No
I agree that the above does not constitute a request for legal advice. I agree that any information that I will receive in response to the above question is general information and I will not be charged for the response to this e-mail question. I further understand that the law for each state may vary, and therefore, I will not rely upon this information as legal advice. I agree that if this matter requires advice regarding my home state, local counsel may be contacted for referral of this matter. I understand that email is not secure and thus I am not forming a confidential relationship.
Yes   No
I have read and agree with the TERMS AND CONDITIONS
Yes   No

By Clicking the box below, I agree to submit my case for a free case evaluation:



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» Americans with Disabilities Act 1990
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» Free Case Evaluation
» Quick Facts: Americans with Disabilities Act
» Social Security Benefit Eligibility Screening Tool
» Social Security Disability Frequency of Reviews
» Social Security FAQs
» Social Security: Mental and Physical Disability List
» SSDI or SSI Which One Do You Qualify For?
» SSDI: Work Incentives and Special Cases

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