‘Disability Determination Decision Under Review’ Meaning
Social Security retains the right to review any disability determination and reverse it
Social Security’s determination that a claimant is disabled does not mean the benefits will continue forever. Such reversals can cause chaos in the lives of the disabled and can produce significant amounts of uncertainty.
The burdens of poverty and disability weigh on claimants enormously. When a disability determination is under review, entire lives are thrown into upheaval with no end in sight. Reviews generally happen under a few circumstances.
If the disability is expected to resolve, it will be put up for review
A claimant must have a disability that has lasted or is expected to last for a year or more to be eligible for Social Security Disability or SSI. But, there are many conditions that last longer than a year, but are expected to resolve. For example, many forms of cancer may disable a claimant for a year but resolve medically shortly after a year’s end. In such an instance, Social Security will take a second look at the claimant’s level of impairment due to cancer. During this time the claim is under review.
Social Security can question the decision of a judge and put the case under review
Often Social Security questions the decisions of the judge’s who decide disability status. Social Security will take a look at an Administrative Law Judge’s decision determining disability if they feel the judge’s decision is flawed. If Social Security feels the judge’s decision was made in error, Social Security will reverse the finding of disability and remand the case for a new hearing.
The decision to review a judge’s decision must, however, be made no later than 60 days after the decision was issued
A disabled individual needs to notify Social Security of a return to work
Sometimes people who are on disability benefits attempt to go back to work but do not notify Social Security. Eventually, Social Security sees the income on tax records and notices they have been paying benefits to an individual during the time he or she was working. In this circumstance, not only will Social Security review the determination of disability and cease the paying of benefits, but they will also declare an overpayment and demand the distributed funds be repaid.
The key is to have the right lawyer.