When California residents are receiving Social Security Disability (SSD) benefits, it must be remembered that there will be periodic reviews conducted by the Social Security Administration (SSA) to ensure that the medical requirements are still being met. This is an important factor as to whether the SSD benefits will continue or stop. There are points that must be remembered with federal regulations when it is time for a review.
When the condition will be up for review is contingent on its severity and the issue itself. If there is an expected improvement, the initial review will come within six to 18 months. If there is the possibility of improvement, but no predictable date as to when it will happen, it will be reviewed once every three years. If there is no improvement expected, the review will take place around once every seven years. During the review, questions will be asked regarding the possible improvement of the illness or condition. Medical information must be provided along with records of treatment that has been given.
The state’s Disability Determination Services will make the decision as to whether the SSD benefits will continue. The information is based on medical records. If it is necessary for a more in depth examination, a special examination can be ordered. It is possible to dispute a decision if the claimant disagrees with it. The four possible appeals must generally be filed within 60 days of each other. With reconsideration, the case will be subject to independent review by people who did not take part in the original decision. If there is a disagreement with the reconsideration, a hearing can be held in front of an Administrative Law Judge. Next, there will be the Appeals Council. After that, it can go to Federal Court. This is applicable if the Appeals Council makes a decision that the claimant disagrees with or if the Appeals Council refuses to review the case.
Claimants who are receiving benefits might feel fear and trepidation at the reviews that must be made to retain benefits. In some cases, there is nothing to worry about. In others, it is possible that SSD benefits will be discontinued and a claimant feels he or she should continue receiving them. Discussing the matter with a legal professional can provide information and help with the wide variety of eventualities in a Social Security Disability case.
Source: SSA.gov, “What You Need To Know: Reviewing Your Disability,” accessed on Aug. 17, 2015