Intelligent, Aggressive Representation For The Injured And Disabled

Attorneys Gardberg & Kemmerly
Photo of attorneys Jonathan P. Gardberg and Colin Edward Kemmerly

After being award Social Security disability benefits, many clients ask how long they will be able to keep receiving their benefits. The simple answer is that if your medical condition has not improved, you can receive disability benefits for a lifetime. However, all recipients of Social Security disability benefits are subject to periodic continuing disability reviews. During a continuing disability review, Social Security will ascertain whether you have had any improvement in your medical condition that would allow you to return to work. If there has been no improvement in your medical condition, you will continue to receive disability until the next review. Although there is no set length of time for Social Security to review your case, typically Social Security conducts either a 3 year or 5 to 7-year review. However, reviews can be quicker depending on the nature of your medical condition and/or whether or not an Administrative Law Judge expected you to improve with medical treatment.

Periodic disability reviews can also be performed earlier if an individual has started working. If you have begun to engage in work activity, Social Security can review your case earlier than expected so as to determine the amount of work you are performing as well as if your medical condition has improved given that you have been able to return to work.  Social Security will need a monthly breakdown of your earnings as well as a list of what doctors you are seeing and the medication that you are currently taking. If you are working more than what is allowed by Social Security, then your disability benefits will be terminated.

Most recipients of Social Security disability get to keep receiving benefits after a continuing disability review. When the recipient of Social Security disability reaches full retirement age, your disability benefits will become retirement benefits. The monetary benefits will remain the same, however, the individual would be treated as a retiree with regard to work activity.

For more information on Social Security disability, contact an experienced Social Security disability attorney at Gardberg & Kemmerly, P.C. at 251-343-1111. Gardberg & Kemmerly, P.C. represents Social Security disability claimants in Alabama, Mississippi, Florida, and Louisiana at all levels of the disability process from initial application to appeals to Federal Court. 

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