Social Security reviews disability cases every few years to see if benefits should continue or be discontinued. These are called Continuing Disability Reviews (CDR).
Most cases are reviewed every 3 years. If a recipient is over age 50, or if the medical condition is unlikely to improve, the CDR may happen only every 7 years.
Sometimes, the administrative law judge who approves a claim after a hearing may believe that the claimant's condition will improve soon. The ALJ may require the case be reviewed in less than 3 years and will make this requirement as part of the written decision.
With reference to adults, there are 2 things that will cause a recipient to lose benefits:
1. There has been medical improvement to the point that the individual is no longer disabled according to agency rules, or
2. The person receiving benefits has returned to work at what Social Security considers substantial gainful activity. In 2020, that means work which produces gross wages or earnings of at least $1,260 per month.
Social Security monitors wages, since all wages have FICA tax deducted and reported to Social Security automatically. When a person reaches the $1,260 level, a computer spits out a notice to discontinue benefits pending a review.
This may not happen immediately. It's possible for an individual to begin working and continue to receive and cash Social Security checks improperly for a long time. This can happen for a year or two. However, when Social Security finally catches on (and they always do), they will demand their money back in one lump sum.
The rules for continuing disability reviews in children's cases are a bit different. Rules for Supplemental Security Income (SSI) cases are different, too. With SSI, benefits may be discontinued because the recipient's income or living arrangements have changed, making them ineligible for continued benefits.
No comments:
Post a Comment