Social Security Benefits

12/12/08

What are my options of the SSA determines that I am not disabled anymore and is cutting off my Social Security benefits? All cases that pass through the Social Security Administration are reviewed periodically in order to determine if the member is still disabled. These review periods vary depending on the particular condition. If the member is expected to recover, a review will be done in 6 to 30 months' time. If a possibility that the condition will improve remains, the review will be undertaken after 3 years. If the member is determined to have a permanent medical condition, the review will be undertaken after 5 to 7 years have passed.

The review will be conducted by the Disability Determination Services department of the Social Security Administration in order to find out if the member should go on receiving Social Security benefits. A number of questions will be asked regarding the original condition, any changes that have occurred, any treatment that has recently been undertaken, and the work status of the member since the Social Security benefits were given. A medical examiner will then determine the present state of the member's medical condition. If the results show that the member can go back to work, the Social Security benefits will be discontinued.

If you feel that you are still disabled at this point, you may appeal the decision with the Social Security Administration office. You may then be asked to attend a hearing, upon which time a reconsideration decision will be made. If the decision to discontinue your Social security benefits still stands, you may make an appeal in a federal district court or present your case before a judge of administrative law.

Will SSA pay me to care for my disabled spouse? While there is currently no provision in the SSA that will directly pay you to care for your disabled spouse, you may be eligible to receive certain benefits once your spouse receives Social Security benefits. These benefits are given monthly and can be equal to 50 percent of the disabled spouse's benefits. Keep in mind that there is a limit to the total amount of social security benefits that can be given to a family based on your spouse's Social Security account.

If the VA finds that I am disabled, should I expect to SSA to find me disabled as well? One of the main differences between the SSA system and the VA system is that the SSA does not place percentage levels on disability. This means that while the VA system can find an applicant only partially disabled and therefore be eligible for benefits the SSA may determine that no disability exists.

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