Social Security disability benefits are rarely terminated due to medical improvement, but that does not stop them from trying. The SSA has been reviewing cases in recent months to determine cases where medical improvement has occurred and they can stop payments for benefits. These are called cessation cases.
When and How Cessation Cases Happen
The SSD process does not end when you receive benefits. Social Security is required to review your case periodically. If the Social Security Administration determines your disability has improved enough for you to work, you will no longer receive benefits. If you face a Continuing Disability Review (CDR), your case will be forwarded to the Disability Determination Service (DDS) in your area.
Appealing a Cessation of Benefits
You will have 60 days to request an appeal, which consists of an informal hearing before a Hearing Officer. At the hearing, you can present additional evidence, call witnesses, and testify about your conditions.
What is the Standard for Evaluating Medical Improvement?
During a CDR, Social Security uses the Medical Improvement Review Standards (MIRS). If you were found disabled because you were unable to stand or walk for more than an hour in an eight-hour day, you would qualify for disability benefits. If you feel better, but you cannot stand or walk for an hour, your medical improvement is not related to your ability to work, and your benefits continue.
It is the Social Security Administration’s responsibility to prove that you are capable of returning to work. It is much harder to lose your benefits than to gain them since you initially demonstrated you are disabled. Nonetheless, disability cessations can occur.
How Can Regas & Haag Help?
Even after being awarded disability benefits, there are still hurdles to maintaining your status with the SSA. Learning about the CDR process can help you be better prepared for a periodic review.
Regas & Haag handles every aspect of your Social Security Disability case, including communicating with your physicians, obtaining medical records and reports, filing all appeals on your behalf, preparing you for an Administrative Law Judge hearing, and appealing through Federal district court. Contact us today by filling out the form on our website, or by calling us at (330) 649-9102. Remember—there are no attorney fees until you win.Read Full Update
Due to the spread of COVID-19, Regas & Haag, Ltd. will operate with modified availability effective immediately. While our office WILL remain OPEN, we are going to temporarily be closed for in-person appointments. Our office will remained staffed and all of our attorneys will continue to be available by telephone. We look forward to continuing with business-as-usual to the best extent possible.
Social Security and Workers’ Compensation offices are remaining open in such a way that we are able to continue handling claims at all levels. This includes filing appeals, updating medical records, requesting hearings, etc. Therefore, please do not hesitate to contact us by telephone with any questions, concerns, or updates.
We are hopeful that this will be a short-term change for a very serious problem. We at Regas & Haag, Ltd. want to do our part to limit the spread of COVID-19 and we thank you for your understanding during these times.
Have you been hesitant to hire an attorney to represent you in your Social Security Disability claim? If so, you are encouraged to contact us (LINK) to schedule a free consultation to discuss your claim with one of our attorneys. At Regas & Haag, we are committed to providing dedicated and personal legal representation. When you schedule a free consultation with one of our attorneys, you will meet with the attorney who will handle your case from start to finish. We believe that a face-to-face meeting between an attorney and a client is essential in providing personal legal representation. When you hire Regas & Haag to represent you, you can be sure that you will always be able to speak directly with the attorney who is handling your claim throughout the process of fighting to get the benefits you deserve. If you would like to schedule a free consultation with one of our attorneys, please contact us (LINK) immediately.Read Full Update
From October 28-30, attorneys John Regas, Brad Davis, and Matthew Carona attended the fall conference of the National Organization of Social Security Claimants’ Representatives (NOSSCR) in Denver, Colorado. NOSSCR is a specialized bar association for attorneys and other advocates who represent people with disabilities and has been a pioneer in legal continuing education and public policy advocacy since 1979. Our attorneys attended multiple workshops in an effort to expand our knowledge, keep up-to-date on the latest developments in Social Security Disability law, and become even more effective in successfully representing disabled claimants. The attorneys at Regas and Haag are committed to staying at the forefront of Social Security Disability law in order to provide exceptional legal representation to our clients. If you would like to schedule a free consultation with one of our attorneys, please contact us (LINK) immediately.Read Full Update