i was found medically disabled by the social security then my attorney stopped it why?

by Prof. Barbara McGlynn IV 10 min read

What happens if my disability benefits are stopped?

Sep 06, 2016 · In order to be found disabled by the Social Security Administration, you must be unable (or expected to not be able) to work for at least twelve months or more. While this definition may seem simple enough, the problem often lies in how this requirement is portrayed to those needing disability benefits. For a person who is unable to work due to a medical …

How does the Social Security Administration decide if you are disabled?

We refer to the DDS as “we” in the following sections because Social Security uses the DDS to decide whether you are disabled according to Social Security’s definition of disability. STEP 2: DO YOU HAVE A SEVERE IMPAIRMENT? If you are not performing SGA, we then decide if you have medically determinable physical or mental impairments. We need objective medical evidence …

Why did my social security stop my benefits?

To decide whether you are disabled, we use a five-step process. (This will open another browser window.) Listed below are frequently asked questions about Step 4 and Step 5 of the process. We need to find out about your past work to decide if you can still do it. To make this decision, we need to know how you did your job.

Is Social Security disability means tested?

Jan 06, 2015 · A: Social Security’s position is that it is not up to your doctor to determine whether or not you are disabled. In the Social Security situation, this is a legal determination, not a purely medical one. This means that a simple statement from a doctor saying a person is disabled is not enough. Social Security wants to see the diagnosis, the supporting symptoms, signs and …

Can Social Security disability be taken away from you?

Recipients of SSDI and SSI can have their disability benefits taken away for many reasons. The most common reasons relate to an increase in income or payment-in-kind. Individuals can also have their benefits terminated if they are suspected of fraud or convicted of a serious crime.Mar 14, 2017

Who makes the final decision on Social Security disability?

The Administrative Law Judge will evaluate all the evidence on record, including any additional evidence submitted up to 5 business days prior to the hearing, and will issue a decision as to whether you suffer from a disability.

What is sufficient medical evidence for disability?

Sufficient medical records contain enough accurate information from acceptable medical sources to allow the SSA to make an independent medical judgment regarding the nature and severity of your medical condition. For example, simply having a doctor's note with an allegation and diagnosis of cancer is not sufficient.

Why would Social Security disability benefits be suspended?

If you realize that you've been overpaid or that you're at risk of being overpaid by Social Security due to your substantial work activity and wages, you may be able to request that your SSDI payments be suspended.May 2, 2019

Does Social Security do surveillance?

Unlike private insurance companies the SSA does not generally conduct surveillance investigations, but that doesn't mean that they can't or never will. ... If the SSA believes there are grounds for a criminal investigation or if they believe that you are no longer disabled, spying on you cannot be completely ruled out.

What does it mean when SSDI says a medical decision has been made?

What Does This Mean? Essentially, this status message means that the SSA has made a medical decision about whether or not you are disabled, but they're not going to tell you what that decision is yet.Dec 31, 2020

How does SSDI investigate?

The SSA investigators may come to your house to investigate you. They will typically pose as detectives or perhaps, some form of police officer. You have a right to ask for their identification. They will usually say they are investigating the theft of your identity.Jul 1, 2021

What is medical evidence?

Necessary medical evidence includes: Reports regarding physical examination, diagnosis or treatment. Labs or other test results, including x-rays, MRIs, blood work and other tests. Medications and dosages.

What counts as medical evidence?

Medical evidence can encompass a variety of information, for example: • Prescriptions. Care plans. Information from professionals such as a GP, hospital doctor, specialist nurse, occupational therapist, physiotherapist, social worker, support worker or counsellor.

How do I restart my suspended Social Security benefits?

You may ask us orally or in writing. If your benefit payments are suspended, they will automatically start again the month you reach age 70. If you change your mind and want the payments to start before age 70, just tell us when you want your benefits reinstated.

How do I reactivate my Social Security disability?

If your benefits ended because you worked and had earnings, you can request to have your benefits started again without having to complete a new application. We call this process "expedited reinstatement". make the request within five years from the month your benefits ended.

What Happens When I Apply?

When you file an application for Supplemental Security Income (SSI) benefits based on disability or blindness, we will first decide whether you mee...

It Is Very Important to Give Us Complete Information.

As part of the disability or blindness determination, Social Security also looks at any work you are doing. Generally, if you are working and earni...

Obtaining Evidence About Your Impairment(S) and Functioning

The DDS does not examine you and they usually do not meet with you. They may contact you for additional information. While they will not base their...

How Long Does The Medical Decision take?

The timeframe can vary widely, but the decision usually takes about 3 to 4 months from the date of application.Individuals with CAL conditions may...

What Is The Sequential Evaluation Process?

If you appear to meet all the non–medical eligibility requirements (income, resources, residency, citizenship, etc.), we use a step–by–step process...

What is SGA in work?

We use the term substantial gainful activity (SGA) to describe a level of work activity and earnings that is both substantial and gainful. SGA involves performance of significant physical or mental activities, or a combination of both. For your work activity to be substantial you do not need to work full time.

What happens if a child is not performing SGA?

If the child is not performing SGA, we will determine if the child has a medically determinable physical or mental impairment or combination of impairments established by objective medical evidence (hereafter referred to as impairment (s)) and whether it is severe. An impairment (s) is not severe if it is only a slight abnormality or a combination of slight abnormalities that causes no more than minimal functional limitations. If the child does not have a medically determinable impairment (s), or the child has an medically determinable impairment (s) but it is not severe, we will find that the child is not disabled. If the child has a severe medically determinable impairment (s), we will go to the next step.

What is Social Security Disability?

Social Security Disability is a disability program that depends upon insured status. Insured status is earned through an individual’s past work activity. If an individual has been found medically disabled through the Social Security Disability medical evaluation process, they generally cannot be turned down for any reason. ...

What is SGA in Social Security?

SGA or substantial gainful activity is just a monthly earnings amount--or a monthly amount of hours worked if the individual is self employed-- that Social Security has determined to be self-supporting. Naturally, work activity is carefully considered. Part of the definition of disability for Social Security purposes is an inability ...

What can a disability lawyer do?

A disability lawyer can give your doctor a medical assessment form to fill out for your specific medical condition that asks the doctor all the right questions about all the limitations you might have. The more limitations you have, the more likely you are to get approved for disability benefits.

Does the VA give disability benefits?

Though Social Security is supposed to give some weight to the fact that the VA has found you disabled, it doesn''t have to give you benefits if you're not disabled according to its rules.

How to prove disability?

As a Social Security disability applicant, it is your responsibility to provide medical evidence that proves that: 1 You have one or more health impairments. You must prove that you have a health impairment by providing objective medical evidence from an acceptable medical source. 2 The severity of your impairment qualifies you for Social Security disability benefits. After you prove that you have a health impairment, then the SSA will look at medical evidence (and non-medical evidence) to determine how the impairment impacts your ability to work.

Why is my Social Security disability denied?

One of the main reasons Social Security disability claims are denied is because of a lack of medical evidence. Even if you think that you are providing full and accurate records to the Social Security Administration, you may not be providing everything ...

What is a treating source?

Treating Sources. The Social Security Administration guidelines refer to “treating sources.”. These are medical professionals who have treated you for some length of time and who are likely to be able to provide medical evidence that shows the history, severity, and future prognosis of your impairment. Treating sources are considered ...

What is a medical opinion?

A medical determination that you cannot work as a direct result of your medical condition. A medical opinion that you will not be able to work for at least 12 months or that your condition will result in death. A detailed account of your treatment plan and evidence that you are following that treatment plan.

What happens if you lose your disability appeal?

An individual should be mindful of the fact that if they lose their disability cessation appeal, they are financially liable for any disability benefits paid to them while they were going through the appeal process. This means that a very substantial overpayment to the Social Security Administration could be created while a disability beneficiary ...

How long does it take to appeal a disability denial?

The appeal period begins with the date of the denial notice plus an extra five days for the time it take for the beneficiary to receive the notice. Therefore, the total timeframe for requesting an appeal for a cessation of disability benefits is 65 days.

What happens if you retire early?

The result is early retirees will be paid a smaller percentage of their Primary Insurance amount. This early retirement decision frequently affects the surviving spouse, who is left with a lower Social Security monthly benefit.

Does Social Security pay for disability?

Social Security Disability could pay you full benefits. If you have worked long enough, and paid enough Social Security taxes on your earnings, you are covered by Social Secret Retirement and Social Security Disability. Social Security will reduce your benefits if you retire early. Calculate the effect of early retirement on your benefits.

What is disability freeze?

And if the disability started before they were eligible for early retirement, they get the benefit of a “ Disability Freeze ” that disregards low earning or zero earnings on the years when they were disabled.

Does Social Security reduce your benefits?

Social Security will reduce your benefits if you retire early. Calculate the effect of early retirement on your benefits. Please contact me if you live in my service area and your health is making it difficult to continue at your work. Your Social Security retirement benefits will not be reduced if you are found to be eligible for Social Security ...

What are the disadvantages of early retirement?

The obvious disadvantage of early retirement is that Social Security will pay lower monthly retirement checks and lower cost-of-living increases for the rest of your life.

Can you get SSDI if you are disabled?

But even if you became disabled after you started taking early retirement, your Social Security payments could be converted to your SSDI benefit amount if you became disabled within the Timeline of your Date Last Insured (DLI). DLI means you worked 5 out of the 10 years before you became disabled.

Do you have to retire early if you are laid off?

If you are not able to keep up with your job, and qualify for Social Security Disability, you do not have to make the early retirement decision. Older workers who are laid off, or need to reenter the workforce after retiring, often have difficulty finding another job. Blue-collar workers frequently experience these problems, because their work leads to health problems that inhibit their ability to continue working to later ages, compared white collar jobs. A worker who has reached age 50 is treated favorably by Social Security Disability regulations, if the worker is unable to keep up with the level of exertion, persistence and pace that younger workers are expected to maintain. We prepare your case so that Social Security can make a favorable decision at the earliest possible step in their claims process.