The Social Security Administration (SSA) conducts a disability review to determine whether you still meet the medical requirements for disability benefits. While the prospect of a review can be stressful, you must understand that you have rights throughout the process. The following information provides a comprehensive overview of those rights, empowering you to proceed confidently with the review process.
Discuss Your Rights with a Disability Lawyer
When facing possible termination of disability benefits, you must discuss your situation with a disability lawyer at Ohio Social Security disability law firm. They can clarify the issues and guide you through the review process.
Right to Continue Receiving Benefits During the Review
During a disability review, one of your most important rights is the right to continue receiving benefits while they review your case. A review will not stop your benefits. You will keep receiving your benefits until they decide on your case.
Right to Receive Notice of the Review
You have the right to receive notice of the disability review. The SSA will send you a letter explaining why they are reviewing your case and what information they need from you. This notice will also give you a deadline for submitting the requested information.
Right to Submit Evidence
You have the right to submit evidence to support your claim that you still meet the medical requirements for disability benefits. This evidence can include medical records, doctor’s reports, and statements from other healthcare professionals. You can also submit statements from family members, friends, and others who can attest to your limitations.
Right to a Consultative Examination
Sometimes, the SSA may request that you undergo a consultative examination (CE). A doctor or other healthcare professional contracted by the SSA conducts this examination. The purpose of the CE is to gather additional information about your medical condition. You have the right to refuse a CE, but doing so may result in denying your benefits.
Right to Appeal
If the disability review denies your benefits, you can appeal the decision. Appeals take a long time and involve several tiers.
The first tier of appeal is a reconsideration, which is a review of your case by a different SSA examiner. If the reconsideration level denies your case, you can request a hearing before an administrative law judge (ALJ). If you are unhappy with the ALJ’s decision, you can appeal to the Appeals Council. Finally, if you are still dissatisfied with the decision, you can file a lawsuit in federal court.
Right to Representation
An disability attorney or other qualified representative can represent you during the review process. An attorney can assist in gathering evidence, preparing for your hearing, and presenting your case to the ALJ.
Right to Confidentiality
You have the right to confidentiality during the disability review process. The SSA is required to keep your medical information confidential. Only individuals who need to know about your condition, such as your doctor or other healthcare professionals, can receive this information.
Right to Be Treated with Dignity and Respect
You can receive dignity and respect throughout the disability review process. SSA employees are required to treat you with courtesy and professionalism. If you feel mistreated, you can file a complaint with the SSA.
Checklist for Disability Review Process
- Keep a Record of Your Medical Treatment: It’s essential to record all your medical treatments, including doctor’s visits, hospitalizations, and medications. This information will support your claim that you still meet the medical requirements for disability benefits.
- Gather Evidence: In addition to your medical records, you should also gather other evidence to support your claim, such as statements from your doctor and other healthcare professionals, as well as statements from family members and friends.
- Cooperate with the SSA: It’s essential to cooperate with the SSA during the disability review process. You should promptly respond to their information requests and attend scheduled appointments.
- Consider Hiring an Attorney: If you feel overwhelmed by the disability review process, you may consider hiring an attorney to represent you. An experienced disability attorney can guide you in complying with the mandates and understanding your rights.
Notification and Information
- Right to be Notified: The SSA has the right to inform you that your disability benefits are under continuing review.
- Reason for Review: The SSA must explain clearly why they are reviewing your case.
- Medical Improvement Review Standard: The review will assess if your medical condition has improved and if you can return to work, and the SSA must inform you of this.
- Potential Termination of Benefits: The SSA must notify you that the review can terminate your disability benefits.
- Canceling Benefits: You can cancel your benefit application up to 12 months after approval. You might make this move if you find more compensation from another benefit.
Evidence Submission
- Right to Submit Evidence: You can submit any relevant medical or other evidence to support your case during the review. This information may include doctor’s reports, test results, and statements from healthcare providers.
- SSA’s Responsibility to Develop Medical History: The SSA is responsible for developing a complete medical history of at least the 12 months preceding the review. They may contact your healthcare providers and request updated medical records.
Appeal Process
If the SSA decides to stop your benefits after the review, you have the right to appeal the decision:
- Written Notification: You will receive a written notice explaining the decision to terminate your benefits.
- Right to Appeal: You can file an appeal if you disagree with the decision.
- Reconsideration: Again, you must request a reconsideration as a first appeal. This appeal entails a review of your case by a different SSA team that is not involved in the initial decision.
- Hearing: If you are unhappy with the reconsideration decision, you can schedule a hearing before an administrative law judge (ALJ).
- Continuation of Benefits During Appeal: You can continue to receive benefits while waiting for a hearing, but you must request this continuation within 10 days of receiving the reconsideration notice.
Hearing Rights
If your case goes to a hearing:
- Right to Appear Before a Disability Hearing Officer: You can present your case and evidence before a disability hearing officer who will decide on your appeal.
- Presenting Evidence and Witnesses: You can present your testimony, bring witnesses, and submit additional evidence to support your case at the hearing.
- Independent Determination: The administrative law judge must make a new and independent determination about whether your medical condition has improved and if you can return to work.
Further Appeals
If you disagree with the hearing decision:
- Appeals Council Appeal: You can ask for a review by the Appeals Council, the highest administrative appeal level within the SSA.
- Federal Court: If dissatisfied with the Appeals Council’s decision, you can move forward with a lawsuit in federal court.
Special Considerations
- Age: The SSA must consider your age when evaluating your ability to work. Adjusting to new work or learning new skills may be more difficult as you age.
- Unchanged Condition: If your medical condition has not improved and you cannot work due to disability, your benefits will usually continue.
Work with a Disability Lawyer
While a disability review can be complicated, you have rights you must understand. Understanding these rights and taking steps to protect them can increase your chances of a successful outcome. By having a disability lawyer at your side, you’ll have a more positive experience.
