Disability benefits can be ceased for medical improvement but it is hard for SSA to prove
In early 2013, I was approved via appeal for SSDI, presided over by an Administrative Law Judge. I live in the state of Indiana, and I'm curious. Your website says that it is hard for SSA to show medical improvement in disability cases that are approved by judges.
Here's the quote from the site: "It is especially difficult for Social Security to show medical improvement in disability cases approved at an administrative law judge disability hearing. Administrative law judges have much more flexibility in their disability determinations than disability examiners using the Social Security Disability guidebook. This means there is very little possibility of showing medical improvement for an individual who did not meet the criteria of the Social Security Disability guidebook to begin with."
I'm terrified that my first CDR will see me rejected and my disability benefits cancelled (and needless to say, my disability has not improved.) Can you tell me, please--does the opinion above tend to apply for most-if-not-all cases presided over by an Administrative Law Judge? Or is this guideline particular to South Carolina only? I pray your answer will help assuage my anxiety. At my age, I don't need any more anxiety than necessary. Thank you, sir. Very greatly.
The above statement pertains to all states. If there is no medical improvement and you have not gone back to work then there is very little chance that anything will change. All disability beneficiaries have medical CDRs so no need to have undue stress over the fact.
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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