Gardberg & Kemmerly, P.C. Attorneys at Law

What to expect when your disability case is under review

Asking for help may not be something you prefer to do. You enjoy your independence, and you want to be able to do things on your own. Nevertheless, when your illness or injury left you unable to do many of the things you used to do, it was time to reach out for assistance.

If you have been receiving disability benefits from the Social Security Administration, you may have found some relief from the financial burden of being unable to work to support yourself. However, these benefits do not continue indefinitely. The law requires SSA agents to periodically review cases, so it helps to be prepared for your review.

Will the SSA cancel your benefits?

The SSA will send you a letter informing you that they are reviewing your case. Agents will evaluate your current status to determine if you will continue receiving benefits or if they will terminate your payments. To make this decision, they will contact your doctors for copies of your medical records and for any details about your state of health. Agents may also ask you to submit to an examination to see if your condition has changed since you first applied for benefits.

The SSA will discontinue your benefits under the following circumstances:

  • Your condition has improved to the point that you can return to the workforce.
  • New technology or therapy allows you to work despite your disability.
  • The review of your case reveals errors in the SSA's original decision to approve your eligibility for disability benefits.
  • The review reveals that you provided false or inaccurate information that led to an inappropriate approval.
  • You already have substantial and gainful employment.
  • You fail to cooperate with the reasonable requests of agents during your review.

The SSA may discontinue your disability benefits if your doctor reveals that you are not following his or her instructions for your treatment. It is possible that you have a good reason for not complying with your doctor's orders, such as the treatment is too expensive, violates your religion or causes debilitating side effects. However, there are few valid reasons that the SSA will accept for not following your doctor's orders, especially if doing so could get you back to work.

When your case is under review, you want to make sure the SSA has the complete information it needs about your condition to decide in favor of continuing the benefits you need. An experienced Alabama attorney can help you throughout the process.

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