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CJ Henry Law Firm, PLLC

Questions After a Favorable Decision: What is a continuing disability review?

  • Published: February 16, 2012

As an Ocala disability lawyer, I know that successful claimants are sometimes worried about losing their benefits after a continuing disability review. The Social Security Administration, or SSA, performs continuing disability reviews to ensure that individuals receiving disability benefits are still disabled. The SSA usually performs a continuing disability review of each case every three years, but the SSA may choose to review a case more frequently for a variety of reasons. The Notice of Award that you receive following your initial disability claim approval may inform you regarding when to expect a review of your disability benefits.

A continuing disability review requires little effort from you. During a continuing disability review, you complete a form detailing your medical treatment, any changes in your condition since receiving approval for disability benefits, and if you have recently engaged in any work training or work related activities. You must answer all questions truthfully.

It is important to continue seeing your treating doctor after receiving disability benefits to strengthen the evidence that your disability benefits are necessary. Even if your condition is not improving with any treatment recommended by your treating doctor, it is essential to create a medical record of your condition. If a treatment is not successful, your treating doctor will record this information, thus strengthening your case for continuing to receive disability benefits. During your periodic review, the SSA may contact your treating doctor to determine if the doctor’s opinion of your condition has changed. If you are no longer seeing the doctor for treatment, the SSA may interpret this as an improvement in your medical condition, and deny any additional disability benefits.

You will receive a notice by mail if the SSA deems your disability benefits unnecessary. However, you can appeal the SSA’s decision. If you file an appeal within ten days of receiving the notice, you can continue to receive disability benefits while you pursue an appeal.

Call (352) 304-5300 or fill out the form on this page for a free consultation from Ocala disability attorney CJ Henry.

 

Claudeth Henry

Attorney Henry is a Florida disability lawyer Florida disability lawyer uniquely suited to help you
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