what is a case of review by a disability lawyer

When a good disability attorney or advocate gets a case, he or she reviews the applicant's file carefully to determine whether any additional tests or medical records are necessary. The representative will then work with the applicant to get the necessary records and submit them on time to the SSA.

Full Answer

What is a Social Security disability review?

The Social Security Administration (SSA) is required to periodically review the case of every person who is receiving Social Security Disability (SSD) or Supplemental Security Income (SSI) disability benefits. This process is called a "continuing disability review" and is intended to identify recipients who might no longer qualify as disabled.

How long will my Social Security disability case be reviewed?

If Social Security found that it was possible, though not necessarily likely, that your medical condition could improve, then your file would have been set for a three-year review. If Social Security didn't expect your condition to improve, your file would have been set for a seven-year review.

What does a judge do in a disability case?

The judge will essentially do what a disability examiner did on the initial disability application. Meaning that the judge will review the medical evidence available to see if you meet or equal a disability listing in the Social Security Disability list of impairments.

What is a case review?

A case review responds to the interaction of the person, service, system influences in the life of a person with disability. Anyone in the life of a person with disability can call for a review to be held, including the person themselves. A case review will usually be conducted for one of two purposes:

What does review mean for disability?

WHAT IS A CONTINUING DISABILITY REVIEW? Social Security periodically reviews your medical impairment(s) to determine if you continue to have a disabling condition. If we determine that you are no longer disabled or blind, your benefits will stop. We call this review a continuing disability review (CDR).

Why is my disability decision under review?

If the disability is expected to resolve, it will be put up for review. A claimant must have a disability that has lasted or is expected to last for a year or more to be eligible for Social Security Disability or SSI. But, there are many conditions that last longer than a year, but are expected to resolve.

How do I pass a disability review?

If you want to keep yours, here are some tips on how to pass a continuing disability review:Follow Your Treatment Protocol. ... Learn More About Your Condition. ... Answer the Short Form Honestly. ... Keep Copies of Your Medical Records. ... Inform the SSA of Any Change in Address.

How long does it take for a disability determination decision to be under review?

about three to four monthsIt takes Disability Determination Services (DDS), the state agency that makes the initial disability determination, about three to four months to decide an initial application, from the application date.

How often is disability reviewed?

Expected, we'll normally review your medical condition within six to 18 months after our decision. Possible, we'll normally review your medical condition about every three years. Not expected, we'll normally review your medical condition about every seven years.

How long does it take for Social Security to review a case?

Generally, it takes about 3 to 5 months to get a decision. However, the exact time depends on how long it takes to get your medical records and any other evidence needed to make a decision.

What should you not say in a disability interview?

Making Statements That Can Hurt Your Claim – Unless you are specifically asked pertinent questions, do not talk about alcohol or drug use, criminal history, family members getting disability or unemployment, or similar topics. However, if you are asked directly about any of those topics, answer them truthfully.

What is the most approved disability?

1. Arthritis. Arthritis and other musculoskeletal disabilities are the most commonly approved conditions for disability benefits. If you are unable to walk due to arthritis, or unable to perform dexterous movements like typing or writing, you will qualify.

What does it mean final review to make sure that you still meet the non medical requirements for disability benefits?

Non-medical redeterminations are reviews of all of the non-medical factors of eligibility to determine whether a recipient is still eligible for Supplemental Security Income (SSI) and still receiving the correct payment amount.

What are the stages of disability determination?

4 Steps to the Social Security Disability Determination ProcessStep 1: Initial Application. To be awarded disability benefits, you first have to assert your right to them. ... Step 2: Reconsideration. ... Step #3: Hearing. ... Step #4: Appeals Council and Beyond.

What is quality review process?

A key part of Academic Quality Services' integrated Quality Review Process is the Quality Review itself, which consist of self-analysis and a discussion meeting between the Subject Area and a Review Team. There is an optimised and graded approach to Quality Reviews depending on how the process is triggered.

What is Step 5 of disability process?

At step 5, the applicant's RFC is considered, along with vocational factors—specifically, age, education, and work experience—to determine whether he or she can work in jobs other than those previously held.