Even once you have won disability benefits, the SSA will continue to review your eligibility on a continuing basis. Benefits are reassessed routinely when a child becomes an adult, and often it is found that this person does not meet the test for adult disability benefits. Even when you begin receiving benefits as an adult, they can still be reassessed. This means that SSA reviews your file and ultimately finds that you are no longer disabled. The reasons could be a change in your income, a medical improvement, or returning to work.
You are eligible for a hearing on this determination. If you elect to have a hearing on the matter (which you will want to or else you automatically lose) you can opt to continue receiving benefits pending the hearing. If you do receive benefits and are ultimately found to not be disabled you will have to pay back these amounts unless it can be shown that the overpayment was not your fault, and you are unable to repay OR you discharge them in bankruptcy. Also, it will be difficult to find a lawyer to represent you on a review case where you are still receiving benefits. If you choose not to receive benefits pending the hearing it is more likely that a lawyer will take your case, you stand no chance of owing the SSA money, and you may receive a large lump sum payment if your case is approved.
Disability review is a natural part of receiving benefits, and handled correctly it is nothing to worry about. However, it can be a very scary time since your continuing income is not guaranteed.
- What is the difference between SSI and SSD?
- When should I consider applying?
- What can I expect from an ALJ hearing?
- Compassionate Allowances
- The role of doctor’s testimony
- The role of the vocational expert
- So how much will I get?
- Calculating work credits?
- Disability Review
- Work Incentives
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