Alan E. DeWoskin, P.C.
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What if my Social Security disability benefits are reviewed?

St. Louis residents who are injured and receive Social Security disability benefits for an injury must be aware that in the majority of cases, their benefits will not continue indefinitely. At various intervals, the Social Security Administration will contact the claimant to have a review of the issue to decide whether the benefits should continue. If the issue has not improved or is still severe enough that it results in an inability to work, then the benefits will continue.

To make the decision, new information will be accumulated in a variety of ways. The medical professionals who are treating the claimant will be asked about the limits the person still has, what the medical tests say and what type of medical treatments have been provided. There are times when the SSA will need more information to make a decision. If that is the case, there will be a special examination. The SSA will pay for the special examination.

The previous time the case was reviewed will be looked at in comparison with the current review. If new health issues surrounding the injury have arisen, these too will be examined. Then a decision will be made as to whether the injury has improved. It is possible that even if it has improved, it will not have improved enough so the person can go back to work. The condition itself might play a role in the work that the claimant can do. Past work requirements and requirements for another type of work will be looked at.

If the SSA decides that the injury has improved, then the benefits will cease. They will also cease if there was improvement from vocational training or improved medical treatment, a mistake was made in a prior decision, if the person does not adhered to medical advice, if there was false or misleading information given during an earlier decision, if there is a lack of cooperation with the SSA or if the person was working and the average monthly earnings are considered substantial gainful work. It is possible to appeal the decision if benefits are stopped.

Certain injuries might improve with the passage of time while others might not. The benefits' requirements are the key to whether it is decided that the claimant still meets the criteria of qualifying SSD benefits for injury. When a person is facing a review, having guidance from a legal professional can be important. A lawyer experienced in all aspects of Social Security disability can help. This will ensure an applicant is aware of their options and takes timely action.

Source: ssa.gov, "How We Decide if You Still Have a Qualifying Disability," accessed on Jan. 16, 2017

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Alan E. DeWoskin, P.C.
225 South Meramec Avenue, Suite 426
St. Louis, MO 63105

Toll Free: 800-652-5775
Phone: 314-925-0242
Fax: 314-727-5297
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