Your Disability May Be Reviewed by the SSA to Evaluate Improvement
Seek Help From an Experienced Tampa Social Security Disability Lawyer
If you receive Social Security Disability Income (SSDI) or Supplemental Security Income (SSI) benefits, the Social Security Administration (SSA) has a right to routinely conduct “disability reviews” to determine whether you still have a qualifying disability. This is a rather sensible policy, as many disabilities will either improve (or worsen) over the course of time. If the disability improves, then it may not be sufficiently disruptive to your ability to work to justify the receipt of social security benefits.
Disability Reviews and Their Potential Impact
The SSA may review your condition on different timelines, depending on the nature of the underlying disability. If improvement is expected, then the SSA may call for a disability review every six months to 18 months. If improvement is possible (but not expected), then the SSA may call for a review every three years. If the improvement is highly unlikely, then the SSA may only call for a review every seven years.
During this disability review, the SSA will not necessarily conduct an independent medical examination of your condition. Instead, they will typically have a disability examiner and medical consultant evaluate your medical records and reports, and make a determination on that basis. If the records are not recent, however, then the SSA does have a right to conduct an examination.
Challenging the Decision
The disability examiner and medical consultant have to make a decision about whether you still have a qualifying disability — if they make a decision that you no longer have a qualifying disability, or that there is some change in your disability status that may be relevant for reducing your benefits, then you may challenge the adverse decision.
You have several options.
First, you may request an independent reconsideration (by a new set of people) of the original decision made by the disability examiner and medical consultant. If that fails, you are entitled to request a hearing with an administrative law judge. If that fails, you are entitled to request a review by the Appeals Council. Finally, if that fails to return a favorable decision, you may file suit in a court of law and litigate the issue.
Contact a Tampa Social Security Disability Lawyer at the Office of Mike Murburg, P.A. for Assistance
Here at the Office of Mike Murburg, P.A., we are committed to serving SSDI and SSI claimants and others who find themselves in challenging situations involving the SSA, whether they have had their claim denied or have existing benefits that may be altered due to a problematic disability review. SSDI and SSI claimants are often vulnerable, in a situation of necessity but finding themselves having to fight against the complex bureaucracy and processes employed by the SSA.
We can help.
Attorney Mike Murburg has spent decades working closely with SSDI and SSI claimants, helping them secure the benefits they deserve. Call 813-264-5363 or submit a message through our website to schedule a free and confidential consultation with an experienced Tampa Social Security disability lawyer today.