When your disability determination decision is under review it is a good sign
Often the term “permanent disability” is used to describe social security disability or SSI. This term is misleading.
If social security issues a favorable decision and grants disability benefits, they still have the power to cut off the benefits at any time should they find good cause. Usually, this occurs when social security believes the disabled individual is no longer disabled due to “medical improvement.”
Medical improvement is what it describes. The health of the claimant, who was disabled, has improved to the point where they can work. As of recently, Social Security has been finding medical improvement in large amounts of cases. When this happens, disability benefits will be cut off.
A series of steps occur before disability benefits are terminated.
The first step is the “disability determination under review” letter. The letter notifies the disabled individual social security will be reconsidering the disability status of the claimant. This letter will ask the claimant to provide any evidence of continuing disability. Evidence usually comes in the form of medical records.
More often than not, most redeterminations find medical improvement and terminate disability benefits.
After the “disability determination under review” letter will come notifying the claimant of termination of benefits. Of course, the claimant has the opportunity to appeal. There is, however, always a catch. The appeal within ten days of the termination letter if the claimant wants to remain on benefits during the processing time. If social security denies the appeal, the claimant will owe back any monies received during the appellate period.
If the ten days expire, Social Security will terminate the benefits. An appeal can still be filed if done within 60 days of the termination notice. Still, the disability benefits will cease until social security makes a finding of disability. If Social Security makes a finding of disability based on the appeal, the claimant will be due all benefits not paid during the appellate period.
The key is to have the right lawyer.