How Long Can You Receive SSD Benefits at One Time?
In most cases, SSD benefits are permanent.
SSD benefits usually last for the duration of a permanent disability. A “permanent” condition is one that a doctor says will last at least a year or is terminal. A “disability” is basically an inability to work due to a medical condition. Non-medical factors, such as the applicant’s employment and educational background, often matter as well.
Like many other government agencies, the Social Security Administration is chronically underfunded. Furthermore, much of its budget is dedicated to entitlement programs, such as retirement benefits. Therefore, many times, an initial award is only Round One. SSA lawyers return in later rounds, attempting to reduce or deny benefits. A good Tampa Social Security Disability lawyer levels the playing field and continually advocates for victims so they continue receiving life-changing SSD benefits.
Retirement Age
This reason for termination is a minor technicality. When SSD beneficiaries reach full retirement age, which is usually 67 or 68, need-based SSD benefits automatically convert to age-based SSI (Supplemental Security Income) benefits. The benefit amount does not change.
This conversion is usually good news for SSD recipients. SSI benefits are not subject to annual or other reviews. People get older, not younger, so once they reach the full retirement age, there’s no need for further reviews.
Annual Review
If the recipient has a non-terminal disability, the SSA usually schedules annual reviews to determine continued eligibility. Sometimes, a Tampa Social Security Disability lawyer spreads these reviews out over three or four years. Annual reviews are very burdensome for disabled individuals with mobility or cognitive issues.
Applicants have a legal duty to cooperate with state Disability Determination Services officers during these reviews. This duty includes a responsibility to:
- Timely provide all requested documents,
- Appear at all scheduled medical examinations,
- Promptly respond to phone calls or emails, and
- Appear at all required DDS review hearings.
The two technical violations we see most often are document production and hearing appearance. However, we also see substantive issues, which are discussed below.
In terms of document production, DDS officers don’t do benefits recipients any favors. For example, although they have easy access to most medical records, they require applicants to provide them. One missed deadline or missing document is a failure to cooperate and grounds for SSD benefit termination.
Other DDS officers play games with recipients. They reschedule hearings multiple times, hoping the disabled person does not show up for one or arrives late for one.
Eligibility Change
A changed medical condition is the most common eligibility change. Changed employability is a somewhat distant second.
Medical condition changes are often difficult to assess. Assume Phil has disabling Post Traumatic Stress Disorder. His anxiety improves, and the DDS officer concludes he is no longer disabled. But if Phil has nightmares and trouble sleeping at night, he is unable to effectively function during the day and, therefore still legally disabled.
If the unemployment rate drops, many DDS officers claim that many disabled individuals can be working. But a “Help Wanted” sign in a window does not change a person’s qualifications for that job. These qualifications, not job availability, determine an inability to engage in SGA (substantial gainful activity).
Connect With a Savvy Pasco County Lawyer
Victims need and deserve compensation for their serious injuries. For a confidential consultation with an experienced disability lawyer in New Port Richey, contact the Rooth Law Firm. We routinely handle matters throughout the Sunshine State.