Legal Question in Social Security Law in Florida

There is no yes/no answer. Some local offices are aggressive and look for any reason to terminate the claim. Others are reasonable and continue the claim as long as the claimant has been going to a doctor.

SSA is required periodically to review the cases of all people who are receiving disability benefits. Usually cases are reviewed every three years; but some cases are reviewed more often. Sometimes the judge's decision will direct SSA to conduct a review at a certain time. Often the Notice of Award will tell you when to expect a review.

A significant issue is that for a CDR the Administration will not withhold money or otherwise pay an attorney for their assistance to a person being reviewed. This means the majority of people have severe problems retaining an attorney to assist them in the review process. I personally charge $ 2,000.00 to handle a review thru the hearing; the fee must be paid before I become involved; of course other attorneys charge their own fees.

What will I have to do for a "continuing disability review"?

You will be asked to complete a form about your medical treatment, any vocational training or work and how your condition has changed since the time you were found eligible for disability benefits.

What if SSA finds that my disability has ceased but I'm still not able to work?

The notice which you will receive from SSA following a "continuing disability review" will explain your appeal rights. Read this notice carefully. Under current rules If you appeal within ten days of the date you receive the notice, your benefits will continue during your appeal as long as you file the proper paperwork. You must file SSA Form 789-U4 and SSA form 795 specifically requesting your benefits continue to be paid; these forms are available direct from the Administration.. So be sure to act quickly. If you file past the ten days window Social Security generally declines to pay benefits.

Is there anything that I can do now to help insure that my benefits will continue?

The very best thing you can do is to continue seeing your doctor. A lot of people with long term chronic medical problems stop seeing their doctors because no treatment seems to help. This is a mistake for two reasons. First, it means that when SSA conducts its review, no medical evidence will exist to show that your condition is the same, or worse, as it was when you were first found disabled. Second, and perhaps even more importantly, doctors recommend that even healthy

people after a certain age periodically have a thorough physical examination. This is even more important for people who already have chronic medical problems.