Claimants who are granted Social Security Disability are not guaranteed those benefits for life, especially in the case of a child. Cases will be scheduled for what is known as a continuing disability review hearing. When that hearing will be scheduled depends on the medical circumstances.
By law, the Social Security Administration must schedule a case review at least every three years. In cases where medical improvement is reasonably expected, a hearing will be scheduled accordingly. Even in cases where no medical improvement is expected, a CDR must still be performed every seven years.
A CDR does not always require a hearing. In addition to medical status, the Social Security Administration will also review income, assets, and living arrangements. If all matters are the same or have become worse, a claimant will receive a letter stating that no review is necessary at this time. However, if there are questions as to ongoing disability criteria qualifications, a hearing may be scheduled before an Administrative Law Judge.
In addition, the claimant may be sent for a consultative evaluation with a physician. This is to determine whether there has been any medical improvement. While claimants are certainly allowed to represent themselves in these hearings, it is not always the best option. Sometimes, proving that you still meet qualify for SSD/SSI Benefits can be an even tougher task than getting them started in the first place.
In the case of a child who was approved for disability benefits before the age of 18, a review will be scheduled every three years. Further, the case will again be reviewed two months prior to the claimant’s 18th birthday to determine whether the impairments meet adult criteria. If you believe there is any risk of losing your benefits, it is always best to consult with an attorney prior to a continuing disability review.