FLORIDA PERMANENT Social Security Disability BENEFITS



Can you get permanent Social Security Disability in Florida?



 
"Are there permanent disability benefits with Social Security in Florida?"

Disability benefits are awarded with the presumption that a person's condition is severe, will be long-lasting, and may even result in death (SSA disability definition for both SSD and SSI).

Even so, when a person is awarded disability benefits, the presumption is also that their case will be reviewed at some point. Reviews of claims usually do not occur for several years following a disability approval.

If medical improvement was expected at the time the case was approved, then the CDR, or continuing disability review, might happen fairly soon. Disability examiners sometimes set diary dates (for a review) as early as one year.

Most individuals, however, will not have their review for several years, perhaps as long as seven years following approval. And since continuing disability reviews have not always been the absolute highest priority for SSA (given the number of cases the agency has to deal with and its limited funding and manpower resources), it can take quite a while before a case comes up for review. Sometimes much longer than was originally scheduled.

All that said---the great majority of cases that are reviewed in Florida and every state are "continued", meaning that the individual gets to keep receiving their benefits. This is because in order for SSA to take a person off benefit receipt, it has to be proven that medical improvement has taken place. And, usually, this is very difficult to prove.

So, to answer the question, does Social Security have "permanent disability"? Not really. But...are many awards essentially permanent in nature (assuming that the individual does not medically improve, or have earnings that exceed the limit for substantial and gainful work activity)? The answer to that is Yes.


About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.







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