Why Ongoing Evaluations Could Cause Loss Of Disability Benefit… And What To Do About It?
Many people who have impairments and are approved for disability benefits will see their symptoms improve over time. To account for this, the social security department conducts a Continuing Disability Review (CDR) for all beneficiaries. This is so that if someone’s condition does improve, the department can encourage them to do so.
The younger you are, and depending on the type of physical or mental impairment you have, the more likely it is that your case will be reviewed.
During that review process, the social security department will send you out for a mental diagnostic exam or a general physical exam. (Whether you will be required to obtain a mental diagnostic or physical exam will depend on the underlying condition that led you to apply for benefits in the first place.)
If you were approved for one impairment and those symptoms have improved, but other aspects of your disability have developed, you won’t necessarily lose your benefits. In many cases, you will be able to remain on disability. However, you may not have the chance to communicate these new areas of impairment, which could put your access to benefits in jeopardy.
This is called a succession of benefits case.
In a succession of benefits case, you can fight the negative succession decision based on the fact that the social security department is not looking at these other impairments.
To win these types of cases, you need to focus on showing:
- The new mental or physical impairments that now exist;
- How they interfere with your ability to work; and
- Why you should remain on disability.
Depending On Your Disability And The Available Options, Will Going Back To Work Help Or Hurt Your Access To Benefits?
There are specific rules regarding part-time work and being able to pursue a disability claim or draw disability after you’ve been approved. For example, you cannot exceed “substantial gainful activity”, which is a specific amount of gross monthly earnings.
It is strongly recommended that you contact an attorney that understands the work rules if you are considering part-time employment either during the claims process or after your case has been approved. This is because the law that governs these matters is incredibly complex, and any “wrong move” can put your access to benefits at risk.
For more information on Social Security Disability Law In Arkansas, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (866) 253-2226 today.