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How Your Disability Is Reviewed

If you receive Social Security disability benefits, your disability will be reviewed from time to time by the Social Security Administration. The agency is required by law to review your medical condition to make sure you are still disabled and qualify for benefits.

Law Offices of David M. Benenfeld P.A is an experienced Florida Social Security attorney who can help you with your disability claim. Call 954-677-0155 for expert advice regarding your case.

The frequency of review depends on your specific medical condition. If your disability was expected to improve, your first review will occur anywhere from 6 to 18 months after the date you became disabled. In the situation where it was uncertain whether your disability would get better, your case will be reviewed approximately every 3 years. If your disability was not expected to improve, your case will be reviewed every 7 years. You will receive a letter notifying you of a pending medical review and will be asked to go to the Social Security office.

For the most part, if your medical condition is the same as when you applied for Social Security disability insurance, then your benefits will most likely continue. However, if it is found that your health has progressed, your benefits may be taken away.

Review Process

The Social Security office will ask you to explain how your disability affects you and whether you have seen any improvement. They will request the names, addresses and phone numbers of your medical providers. If you have worked since you applied for benefits, you will need to provide the dates you worked, type of work and compensation you received.

The Social Security office will also inquire about your medical condition with your doctors, hospitals and other medical providers. In some cases, you will be asked to get a special examination or test that will be paid for by the Social Security Administration. The information that is gathered will be used to determine if your medical condition has improved and if it has, whether it has improved enough for you to return to work.

Your case will be sent to the Disability Determination Services in Florida. This Florida agency makes disability decisions for Social Security regarding Florida residents. A disability examiner and medical consultant will analyze your medical records and other information to make a decision.

Disputing the Decision

If you do not agree with the decision made to discontinue your disability benefits, you can appeal it. There are four different levels of appeal and you have approximately 60 days to appeal from one level to the next higher level.

  • Reconsideration – Your case will be reviewed by individuals who were not involved in the original decision to deny the benefits. At this level, you may go before a disability hearing officer who will listen to your argument.
  • Hearing – If you are not satisfied with the reconsideration decision, you can request a hearing before an administrative law judge.
  • Appeals Council– The Appeals Council will hear your case if you are not happy with the outcome of the administrative law judge’s decision.
  • Federal Court – This level is the highest in the appeals process. You do have the right to file a civil action in federal court. It is strongly recommended that you contact an experienced Social Security attorney, such as David Benenfeld, if you are considering going to federal court.

Contact David Benenfeld today at 954-677-0155 for a consultation regarding your Florida Social Security disability case.

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