What Is a Social Security Disability Review in New York?

A Social Security Disability review is a process the Social Security Administration (SSA) conducts to determine whether you still qualify for disability benefits. These Continuing Disability Reviews aim to verify that your medical condition remains severe enough to prevent you from working. The review process involves updating medical records and sometimes scheduling a medical examination. If your condition hasn’t improved and you still can’t work, your benefits should continue. 

How Often Does Social Security Review Your Disability?

The SSA schedules its Continuing Disability Reviews based on how likely your condition is to improve. If they expect improvement, they will likely review your case every six to eighteen months. If improvement is possible but uncertain, the reviews will happen less often, typically every three years. If your condition is unlikely to improve, the SSA will likely conduct reviews about once every seven years.

However, unexpected events can trigger early reviews. For example, if you start working within 24 months of receiving disability benefits, you might face a review. The SSA could also review your case if it receives information from your doctor or another source indicating that your condition has improved. Additionally, the SSA might schedule a review if you don’t follow your prescribed medical treatment without a valid reason. Other possible triggers for unscheduled reviews include new treatments becoming available for your condition or accusations of fraud. 

What Does the Social Security Administration Consider During Its Reviews?

When the SSA reviews your case, it will focus on several important factors to determine whether you still qualify for benefits. Below are the key points the SSA considers during continued Social Security Disability reviews:

• Medical Condition: Whether your medical condition has improved since your last review
• Working Ability: If your condition still prevents you from working and earning above a certain threshold
• New Treatments: Any new medical treatments you’ve received and whether they have improved your condition
• Treatment Compliance: Whether you have been following your prescribed medical treatment
• Work History: Whether your income exceeds the substantial gainful activity (SGA) level if you have returned to work
• Other Disabilities: How all your impairments combined affect your ability to work if you have more than one disabling condition 

How Long Does Social Security Disability Review Take?

A Social Security Disability review can take several months to complete. The length of the evaluation depends on how much information the SSA needs about your condition. If your condition hasn’t changed much and you only need to fill out a short form, the review might be relatively quick. However, the process could take longer if the SSA needs additional medical records or schedules a special examination.

You can check your Social Security Disability review status online through your “my Social Security” account. You can also contact your local Social Security office for updates. It’s essential to keep an eye on your review status so you stay informed about any decisions regarding your benefits. 

Potential Outcomes of a Continued Social Security Disability Review

A Social Security Disability review can result in three possible outcomes:

• Benefit Continuation: If the SSA finds that your medical condition hasn’t improved and you still cannot work, your benefits should continue as before.
• Benefit Suspension: The SSA could temporarily suspend your benefits if you’ve returned to work and are earning above the SGA level. However, if your earnings drop below the SGA level, the SSA can restart your benefits.
• Benefit Termination: The SSA will terminate your benefits if it determines your medical condition has improved enough to allow you to work. It could also terminate benefits if you’ve exceeded the SGA limit for too long or failed to follow prescribed treatments.

If the SSA suspends or terminates your benefits, don’t lose hope. You can always appeal the decision. The appeals process includes four levels: reconsideration, a hearing with an administrative law judge, a review by the Appeals Council, and a federal court review. You usually have 60 days to file an appeal at each stage. A lawyer can help you with this process by gathering evidence, completing paperwork, and representing you during hearings. Legal assistance significantly increases your chances of success, making the appeals process smoother and reducing stress. 

Contact a Social Security Disability Attorney

If you’re facing a Social Security Disability review or the SSA has suspended or terminated your benefits, the New York Social Security disability lawyers of Fusco, Brandenstein & Rada, P.C. can help. Call us today at 516-496-0400 or contact us online for a free initial consultation. We will answer your questions, explain your options, and guide you through your next steps.