Do I Need to Repeat the Disability Determination Process if I’ve Already Been Deemed Disabled?

Question from Janie, Do I Need to Repeat the Disability Determination Process if I’ve Already Been Deemed Disabled?

Answer from AI:

The process of determining disability status in the United States is typically handled by the Social Security Administration (SSA). If you have previously been deemed disabled by a judge and doctors, you may wonder if you need to go through the process again. The answer to this question can depend on several factors.

Continuing Disability Reviews

The SSA conducts Continuing Disability Reviews (CDRs) to determine if a person still meets the criteria for disability benefits. The frequency of these reviews depends on the nature and severity of your medical condition and the likelihood it will improve.

• If medical improvement is expected, your case will usually be reviewed within six to 18 months after your disability benefits start.
• If medical improvement is possible, your case will usually be reviewed no sooner than three years.
• If medical improvement is not expected, your case will usually be reviewed no sooner than seven years.

During a CDR, you may need to provide updated medical information, and in some cases, you may need to undergo a medical examination. However, this process is generally less intensive than the initial disability determination process.

Changes in Circumstances

If there have been significant changes in your medical condition or your ability to work, you may need to go through a more thorough review process. This could potentially involve seeing a judge or doctors again.

Appealing a Decision

If you disagree with the outcome of a CDR or a decision made regarding your disability status, you have the right to appeal. The appeals process can involve several stages, including reconsideration, a hearing by an administrative law judge, a review by the Appeals Council, and a Federal Court review.

Legal Advice

While this information provides a general overview, the specifics of your situation can significantly impact the process. Therefore, it’s recommended to consult with a legal professional who specializes in disability law for personalized advice.

For more information, you can visit the Social Security Administration’s website or consult with a legal professional. Remember, each case is unique, and this information should be used as a general guide rather than specific legal advice.