Are Social Security Disability Benefits Temporary or Permanent?

 Posted on October 28, 2021 in Social Security disability

If you suffer from health issues or other difficulties that prevent you from working, public benefits such as Social Security disability can be essential. However, if you are planning to apply for disability, or if you have begun receiving these types of benefits, you may be unsure about how long you will receive payments or whether your benefits will be temporary. By understanding the procedures Social Security uses to review your case and determine whether continuing benefits are appropriate, you can make sure you take the right steps to receive the financial assistance you need.

Social Security Disability Reviews

Generally, a person will only be eligible to receive Social Security disability if they suffer from a physical or mental condition that makes it impossible for them to maintain gainful employment, and this condition must have lasted or be expected to last for at least one year. After a person applies for Social Security disability and is granted benefits, they will be able to continue receiving these benefits for as long as they are disabled. 

To ensure that disability benefits are being paid correctly, Social Security conducts regular reviews. These are known as continuing disability reviews or CDRs, and the frequency of reviews will depend on the expectations regarding the improvement of a person’s condition. If a person’s condition is expected to improve, such as in cases where they are recovering from a serious injury, a CDR may be conducted anytime between six and 18 months after they begin receiving benefits. If it is possible that a person’s condition may improve, a CDR will usually be conducted every three years. If no improvement is expected, Social Security will usually conduct a review after a person has been receiving benefits for seven years or more.

During a CDR, Social Security will gather information about a person’s medical condition, including records of treatment from doctors or hospitals. If necessary, a person may be required to take a special medical examination. Social Security will use the information to determine whether a person’s condition has improved and whether their condition continues to affect the types of work they are able to perform. If a person’s condition has not changed, they will typically be able to continue receiving benefits. However, Social Security may decide to stop paying benefits if it determines that the person’s condition has improved to the point where they can now maintain gainful employment. Benefits may also be terminated if a person has not followed the recommended treatment, refuses to cooperate during a review, or has begun working and is earning income that is considered to be substantially gainful.

Contact Our Waukesha County Social Security Disability Review Lawyer

If you are concerned that your ability to receive disability benefits will be affected by a review, or if Social Security has decided to terminate your benefits, Pearson Disability Law, LLC can help you determine how to proceed. Attorney Jonathan Pearson will advise you of your options and work with you to appeal a decision that affects the benefits you receive. Contact our Milwaukee County Social Security disability appeals attorney at 414-240-4801 to schedule a free consultation.

Sources:

https://www.ssa.gov/benefits/disability/work.html

https://www.ssa.gov/pubs/EN-05-10053.pdf