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Can your disability benefits be taken away?

You send in your application for disability benefits and, after months of evaluation and possible appeals, the Social Security Administration decides to award you benefits. Many people assume that their work is done at this point and that these benefits will continue until they reach retirement age. However, the reality is that Social Security Disability benefits can be taken away as soon as you do not meet the SSA's requirements for benefits.

Generally, the SSA will conduct Continuing Disability Reviews, or CDRs, and periodically review your case to determine whether you still qualify for benefits. The SSA is likely to conduct a review every three years, unless you have a condition that could improve sooner. For people with a permanent disability, the SSA may conduct a review once every seven years.

If the SSA reviews your case and determines that your condition has improved enough to allow you to return to work, the SSA will likely revoke your SSD benefits. However, you will likely continue to receive the benefits for a couple of months after the revocation. Also, the benefits you previously received will most likely not be affected.

To ensure that your disability payments keep coming, it is important to continue to thoroughly document your disability. You should also continue visiting your doctor and have them document the effects of your condition. If your benefits are revoked, you can appeal the decision within 60 days. Anyone who finds themselves in this situation may need to get more information about their legal options.

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Our founding partners each have more than 20 years of experience in disability law, and they have a high success rate in administrative appeals and litigation in SSDI, workers' comp and long-term disability claims involving ERISA. Contact our Atlanta office today to discuss your needs.

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