Can I Get Kicked Off Later if I Get Approved For Social Security Disability or Supplemental Security Income Disability?

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If you have been approved for disability with Social Security there is no guarantee that your disability benefits will not be terminated at some later point. Social Security disability recipients have periodic medical reviews known as continuing disability reviews every few years. These reviews are scheduled to determine if you still meet the criteria to be eligible for Social Security benefits.

Through my experience as a Social Security disability examiner and as a claims representative, I have observed a couple of things. First, most claimants who get approved manage to keep their benefits after each successive review of their claim. Second, it is harder to determine that an individual has had medical improvement if they were actually approved for disability benefits through an administrative law judge hearing versus being approved at the initial claim or reconsideration appeal levels.

There is a valid reason for this: administrative law judges have more flexibility in formulating their decisions than disability examiners. Meaning that many individuals who received their disability approvals at the administrative law judge hearing might not necessarily have been awarded disability under the rules and guidelines used to make decisions at the state disability agency (usually referrred to as DDS, or disability determination services).

In fact, when conducting a review of a disability claim, disability examiners have a hard time proving that an individual has had medical improvement if they were previously approved by a judge using less restrictive decisional criteria. On the other hand, if an individual has been approved for disability benefits at the state disability agency, the disability examiner can use the same criteria to show that they have had medical improvement. If the disability examiner is able to show medical improvement, disability benefits can be terminated. However, for those who might be concerned, the great majority of individuals who have their claims reviewed will always have their eligibility for benefits renewed.

In conclusion, no one is guaranteed a lifetime of disability benefits. Disability benefits can be suspended or even terminated. However, suspensions generally involve work activity, though terminations can be the result of medical improvement or work activity. Additionally, remember if you were awarded disability benefits prior to an administrative law judge hearing (meaning that you were approved at the initial claim or reconsideration appeal level), then it is somewhat easier to show you have had medical improvement.








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