Saturday, February 6, 2016

What if your Virginia Social Security Disability is cut off?


 Bad news! You fought long and hard to win your disability but now the government says you have "improved" and you are no longer disabled. What can you do?

1.  You need to file for a Reconsideration. This will challenge the decision that you are no longer disabled.

2.  You must file for the Reconsideration within ten (10) days of the date of the cutoff notice. This will ensure your benefits will continue until the next decision. You have 60 days to file for the Reconsideration but unless you appeal within the ten (10) days your benefits will not continue.

3. The government "must" show there has been "medical improvement" in the condition that led to you being declared "disabled" in the first place. The crucial date is the date of your prior favorable decision. The government must show there has been sufficient improvement in your condition on that date and now to allow you to work.

4. There are exceptions. Even if there has been no improvement but you are "working" and you have exhausted your trial work period, then this work can cost you your disability benefits. 

5.  Another exception is if you were scheduled for a consultative examination (CE) by a doctor and you failed to attend, this can cause a cutoff of your benefits despite the fact the government has not shown any "medical improvement" in your disability.

6.  One quick way to defeat the Cutoff is if you are enrolled in a state rehabilitation program. In Virginia this would be DARS.

7.  Contact a Virginia Social Security Disability lawyer right away.

In summary, if your disability check has been cut off, you must act quickly. For more information check this websiteVirginia Disability Lawyer or call Jerry Lutkenhaus at 804-358-4766 or 1(800) 256-8862.