Am I Likely To Keep My Benefits
The disability review process tends to make people nervous. That is because everyone is preoccupied with another critical question: am I likely to keep my benefits or likely to lose them?
Heres some good news: in every sense, the numbers are on your side here. First of all, most recipients receive the short mailer, to begin with. And the majority of those who send the mailer back does not have to undergo the full review. Remember: you cant lose any benefits until they conduct a full review.
As for the overall amount, who loses their benefits? In 2017, less than 5% of those chosen for a disability review lost benefits. So you hopefully wont have any trouble paying your bills after the review is done.
Now, the odds worsen if you are chosen for a full review, with 17% of recipients losing benefits after undergoing a full medical review. But your best defense against this is carefully choosing your answers, regularly going to the doctor, and avoiding work if you cannot work without hurting yourself. In addition, dont be afraid to seek out assistance programs to help support your family rather than risking your health by going to work.
If You Receive The Long
Disability recipients who are thought to have a high probability of improvement receive the long-form report rather than the mailer. If you receive Form SSA-454, called the Continuing Disability Review Report, means that you’re getting a CDR. You need to fill out this form in full and send it in. This form asks extensive questions about your disability, whether your condition has changed, and whether you’ve worked since your last review. You also need to describe your daily activities and list all visits with doctors and facilities so that Social Security can request your medical records. Social Security will then do a full medical review of your case, which may take three to five months.
Is There Anything That I Can Do Now To Help Ensure That My Benefits Will Continue
The very best thing you can do is to continue seeing your doctor. A lot of people with long-term chronic medical problems stop seeing their doctors because no treatment seems to help. This is a mistake for two reasons. First, it means that when the Social Security Administration conducts a review, no medical evidence will exist to show that your condition is the same as it was when you were first found disabled. Second, and perhaps even more importantly, doctors recommend that even healthy people after a certain age periodically have a thorough physical examination. This is even more important for people who already have chronic medical problems.
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Why Does It Take So Long To Get Approved For Disability Benefits
Getting approved for disability benefits is not the same experience for everyone. People expect the process to be short while applying. But the reviewing process is short for some people, but in most cases, it is a pretty lengthy one.
The approval factor also depends on the type of application that is being submitted. This implies to the matching criteria of the application with the guidelines of the Social Security Disability Administration. The people who get approved within a span of three to four months are the ones who fulfill all the guidelines at once. Generally, at the end of the first stage, only 30 percent of the total applications are approved.
But it is not always probable that everyone will meet all the guidelines. In that case, the applications are rejected at the initial stage itself. So, the question arises about what to do in such a case? Well, the solution is to appeal to get the benefits ultimately. This process is, of course, a very long one and consumes a lot of time.
The process of appealing
Then what should you do now?
At this stage, you have already waited for nearly ten months, or more than that. Now you have to take the next step as soon as possible, and this is when the real delaying of the process beginning. Social Security Disability Insurance Lawyers come in handy at this stage and can help you in speeding up the process.
The next stage
Suggestion
So dont hesitate to get in touch if your SSDI benefits are taking too long to be approved.
What Does The Review Consider
The Continuing Disability Review will consider not only your current status and whether your existing disability has improved, but any new mental health or medical conditions that may have developed since your approval or last review. It will also review potential new treatments for your condition.
Because of this, youll want to always keep a detailed record of the medical visits and treatments youve received. Youll also want to record any changes in your existing conditions from the period you began collecting SSDI, SSI or both.
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Will You Receive The Short
Whether you receive just the mailer or the full Continuing Disability Review Report depends on whether Social Security has given you a high, medium, or low profile. A low profile means you have a low probability of showing medical improvement, and you’ll be less likely to have to undergo a CDR. Social Security determines your profile by looking at your age, any recent earnings, your impairment, how long you’ve been receiving benefits, and the date of any previous CDRs.
Not everyone with a “medical improvement not expected” diary necessarily has a low profilea young age and recent work can change this. But most people who are over age 50 have a low profile and can expect to receive a mailer.
If you have a high or medium profile, you are more likely to be selected for a CDR and get a long-form report right off the bat. Or, if you indicate on the short-form mailer that you are working or that you haven’t been to the doctor recently, you are likely to be sent the long-form report and be put into the CDR process. Also, a small percentage of all recipients is randomly chosen to undergo a CDR, regardless of their profile.
Note that all children who receive go through a CDR with full medical review when they are due for a review no children receive the short-form mailer.
Will It Stop My Disability Benefits
Most of the time it wont, but its possible depending on your case.
There are two things that can stop your disability benefits.
First, if Social Security found out that you have medically improved and that youre no longer considered disabled.
Second, if they found out that youve engaged in a substantial gainful activity . This means that you can already earn what you used to earn before your disability. Or youre earning more than the SGA threshold. The amount changes every year but for 2021, its $1,310 per month.
In general, if youre still disabled and unable to work, you wont have to worry about losing your benefits.
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What Is The Timeline To Be Approved For Ssi/ssd Benefits
Once a person has submitted a social security disability or supplemental security income application their number one question is: When I can expect to be approved for SSI or SSD benefits? Unfortunately, there is no set answer. Although the Social Security Administration , the federal agency that manages the SSD and SSI benefits program, has goals for how long each stage of the application process should take, they are just that goals.
In reality, the SSD benefits approval process varies based on numerous factors, including the type and severity of the applicants disability, the completeness of the application, whether the application goes through the appeals process, and even where the application is filed. Based on the timeframe for each phase of the application process, it can take anywhere from three months to almost three years to be approved for benefits.
This timeline offers the best estimate emphasis on estimate on when you can expect your SSD benefits application to be approved.
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The Ssi Waiting Period
Its also important to understand that if you are approved for SSI, a waiting period of five months must pass before you can begin receiving your payments. This means you will have to be financially prepared to endure the interim period.
The good news is that you will receive payments in arrears to cover the interim, but not until the five months is complete. You may have to live on your savings during that time or make other plans.
Naturally, the best insurance policy against disability is savings. Of course, not everyone has enough savings to carry them should the approval and appeals process take years to complete.
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Disability Appeals Process How Long Does A Social Security Appeal Take
If your initial claim results in a denial, you are not alone. In fact, the SSA denies nearly two-thirds of initial applications. You have 60 days from the date on your Notice of Denial letter to file a written request for reconsideration. You should continue to appeal a denial of your claim through four more stages:
Reconsideration Your file is re-reviewed and any additional medical evidence is submitted.
Hearing The hearing would be held at Office of Disability Adjudication and Review office for your area. North Carolina offices are located in Charlotte, Fayetteville, Greensboro and Raleigh. The most recent statistics indicate that 48% of North Carolina cases are approved at the hearing stage. The average wait time for a hearing is 22.1 months in North Carolina. An administrative law judge will decide your case.
Appeals Council Your case may be reviewed by the Appeals Council in Falls Church, Virginia. The average processing time is 386 days.
U.S. District Court You can file a lawsuit in your nearest U.S. District Court.
You Apply For Ssd Benefits
You can apply for disability benefits in three ways:
Online You can fill out forms available at the SSA website.
In person You can apply at one of 36 local SSA offices in North Carolina. Go to the SSA website and type in your ZIP code to find the office located nearest to you.
You can apply by phone and follow it up by mailing in your documentation or taking to your nearest SSA office. The number to call is 1-800-772-1213 or 1-800-325-0778 . The number is available between 7 a.m. to 7 p.m. on business days. The interview should take about one hour.
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How Long Does Social Security Disability Review Take
Once you have applied for Social Security Disability, the next question is: how long does Social Security disability review take? If you havent, you can start your application by visiting .
There are two types of reviews. The first is the initial review of your disability application and the other is called a continuing disability review. The latter is conducted after you have been receiving your disability benefits.
The two are separate processes.
Will I Be Approved Faster If I Have An Attorney
An attorney cannot make the SSA decide your claim faster, but an attorney can sometimes file a request for an off-the-record decision or an attorney adviser opinion. If the request is successful, you may be able to get a positive decision before having to go to a disability hearing.
In addition, statistics show that if you have an attorney, you are more likely to be approved for benefits. If you want to speak to an experienced disability attorney about your claim, you can arrange a free consultation with a disability lawyer here.
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Disability Benefits Wait Times In South Carolina
If your application is approved, Social Security has a built-in 5-month waiting period from the official onset date of your disability before your monthly checks start coming.
When youre approved, youll get credit for time youve already waited, so you dont have to wait five additional months.
When youre denied , the process gets more complicated and drawn-out, and it becomes even more important to have an experienced disability lawyer guiding your claim.
Heres the overview of the typical disability benefits timeline:
- Initial Decision: 2-6 months
- Start of Benefits if Approved: 5 months from onset date
- Denial Reconsideration Decision on Average: 100 days
- Wait for a Disability Hearing : 19 months
- Appeals Council Review: A few months to a year after hearing denial
- Federal Court Review: Possibly years from your first application date
The process already takes too long. Avoid unnecessary additional delays by making sure your application information is correct and your medical evidence is complete.
Disability lawyer Robertson Wendt and his legal team can help you make smart decisions and present your best case to win Social Security Disability benefits in South Carolina.
Robertson Wendt is one of few attorneys in the state who has special certification in disability law. You dont have to pay anything to get our office to evaluate your case.
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Is There Anything I Can Do To Make Dealing With The Social Security Administration Easier
You shouldnt expect as many problems dealing with the Social Security Administration while receiving benefits as you had trying to get benefits in the first place. Sometimes, though, some people have problems. Here are some things you can do to try to minimize the hassle:
- Keep all decisions, letters, and notices you receive from SSA in a safe place.
- Read everything you get from the Social Security Administration. The booklets that come with award letters and notices are well written and informative.
- When reading the booklets you receive from the Social Security Administration, pay special attention to the kind of information you are required to report to the Social Security Administration. Report promptly and in writing and keep a copy with your Social Security papers.
- Dont necessarily believe everything they tell you at the Social Security Administration 800 number. If you have an important issue to take up with the Social Security Administration, sometimes it is better to go to your local Social Security Office.
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Can I Ignore My Notice
You might have thought about ignoring your disability review notice. But thats one thing you should never do.
Disregarding a review notice can result in losing your benefits. Its much better to comply and go through the review. Besides, if you really are still disabled, youll most likely keep your benefits.
Exception Related To Vision
Although Social Security Disability benefits do not increase when you develop new medical conditions or a worsening of your disabling condition, there is a potential for additional earned income if you are receiving disability due to low vision and your condition progresses to legal or full blindness. Individuals who are blind or legally blind can earn more money from work while continuing to receive Social Security Disability, so their overall income is higher.
Individuals who are approved for Social Security Disability for a non-kidney illness and later develop kidney failure that requires regular dialysis or transplant can become eligible for Medicare coverage before the 24-month Medicare waiting period is met.
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How Long Will My Review Take
Its understandable to feel stressed during these reviews, but understand that they arent done and returned right away. Its important to have a degree of patience and the confidence that its unlikely youll lose your benefits. In general, periodic reviews take anywhere from one to two months to complete.
When Your Claim May Be Reviewed For Continuing Disability
The Social Security Administration may review your Social Security Disability claim after you have received benefits for a while. The purpose of the review is to determine whether you are still disabled and eligible for benefits.
At the time your claim is approved, the claims examiner will project the likelihood of your recovering from your disability. If you are expected to have medical improvement, then your claim will normally be reviewed within six to eighteen months after your benefits start. If improvement is considered possible, but not necessarily expected, then your claim will usually be reviewed after three years. Finally, if you are not expected to have significant improvement then your claim would not be routinely reviewed any sooner than seven years from when benefits started. Your disability could also be reviewed outside of a scheduled review if there was an indication that you had recovered from your disability.
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How Do I Fill Out Social Security Disability Review Forms
If you receive a notice from the SSA about needing to complete a disability update report or a continuing disability review report, theres no need to panic. Receiving one of these notices does not mean that Social Security is thinking about terminating your benefitsalmost everyone who receives disability benefits will eventually need to complete either the short or long form.
However, you may find it helpful to consult with a Social Security disability attorney before submitting your disability review or update report to ensure that youve filled out everything correctly .