All Disability Social Security Questions...Understanding The Answers
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by: albert.tobega
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What can I do if the SSA finds that I am no longer disabled and wants to cut off my Social Security benefits? All disability cases are subjected to regular reviews by the Social Security Administration. The time period between reviews are slightly different depending on the members medical condition. If the member is expected to recover, a review will be done in 6 to 30 months time. If there is a chance that the condition will improve, a review will be done in 3 years. If the condition is deemed permanent, a review will be done in 5 to 7 years.
When the time for the review comes, the case will be forwarded to the Disability Determination Services department in order to determine the members continued eligibility for Social Security benefits. A number of questions will be asked regarding the original condition, any changes that have occurred, any treatment that has recently been undertaken, and the work status of the member since the Social security benefits were given. At this point, a medical examiner will determine whether or not the condition has improved. If it is determined that the member is able to return to work, the Social Security benefits will stop.
If you disagree with the findings of this review process, an appeal may be filed with the office of the Social Security Administration. You may then be asked to attend a hearing, upon which time a reconsideration decision will be made. If the decision to discontinue your Social Security Benefits still stands, you may make an appeal in a federal district court or present your case before a judge of administrative law.
Can I receive any benefits for caring for my spouse who is disabled? While there is currently no provision in the SSA that will directly pay you to care for your disabled spouse, you may be eligible to receive certain benefits once your spouse receives Social Security benefits. These benefits are given monthly and can be equal to 50 percent of the disabled spouses benefits. It is important to note however that the SSA imposes a limit to the amount of social security benefits that a family can receive.
If the VA finds that I am disabled, should I expect to SSA to find me disabled as well? Unfortunately, the SSA system does not gauge varying levels of disability, unlike the VA system. This means that while the VA system can find an applicant only partially disabled and therefore be eligible for benefits the SSA may determine that no disability exists.
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