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Ending of disability benefits

Virginia residents who receive Supplemental Security Income or Social Security disability benefits should expect to undergo periodic reviews to establish the status of their disabling condition. The reviews tend to take place every three to seven years. When they occur will depend on the possibility of whether a person's condition that is causing the disability is going to get better, or improve medically. Disability beneficiaries who seem unlikely to medically improve are generally given a continuing medical review every seven years; these include individuals whose impairments are classified as permanent disabling by Social Security.

There are other reasons disability benefits recipients may undergo a review. A continuing disability review may be prompted by an individual's work activity.

Individuals who receive a notice that their Social Security disability benefits will end because Social Security no longer considers them medically disabled will be able to appeal the decision. The medical terminations of Social Security disability have a 60-day appeal period, which is the same amount of time given to individuals whose disability applications and appeals have been rejected.

The date of the denial notice is the first day of the appeal period. The appeal period also includes an additional five days to account for the time it takes for the notice to reach the disability beneficiaries. This means that the total amount of time a disability beneficiary whose benefits have been stopped has 65 days to request an appeal of the disability benefits cessation.

An attorney who practices Social Security Disability law may advise disabled clients of their legal options and about what steps should be taken when they have received notification that their benefits will no longer continue. The attorney might assist with filing the appropriate appeals and may advocate on behalf of clients during appeal hearings.

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Shawn Taylor, PLLC
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Charleston, WV 25301

Phone: 304-932-4619
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