Jonathan H. Poznansky, Attorney at Law

Social Security Disability Income and medical reviews

Staten Islanders receiving Social Security Disability Income for an injury or illness might not be aware that the Social Security Administration performs periodic reviews to determine whether the recipient should continue receiving benefits. Since SSDI is for those who are unable to work, the status of the illness or injury is key. Understanding this is a critical part of the benefits process.

By law, the SSA must periodically review SSDI cases. For those without any marked improvement in their health and are unable to work, the benefits will continue. Much like the initial application process, medical information is acquired from the recipient's treating physician regarding their condition and how their activities are limited. If more information is needed, the SSA will pay for a special examination.

The recipient's current medical condition will be compared to their previous condition and any new health issues will be assessed. If the SSA determines that the recipient's health condition has significantly improved to the point that the benefits are unnecessary, then they will be discontinued.

The benefits will stop if the recipient is able to work; if their condition has improved because of new medical treatments; if a mistake was made in a previous decision; if the recipient is not adhering to the treatment prescribed by the doctor and does not have a good reason for it; if false or misleading information was provided in an earlier decision; if the recipient is not being cooperative with the SSA; or if the recipient is working and earning more than the substantial gainful activity amount.

If benefits are discontinued after a review, a recipient can appeal the SSA's decision. If you have questions regarding a review of your benefits or any other questions about Social Security Disability Income, you should contact an attorney.

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