- Continuing Disability Reviews – Age Categories
- If And When Your Disability Benefits Will Be Reviewed
- Are Continuing Disability Reviews less likely if you are older than 55?
- Continuing Disability Reviews | Closed Period of Disability
- CDR tip 1 – Social Security Disability Reviews Will You Get One?
- Disability for those over 50: Continuing Disability Review and retirement
- “The Fake-Out 50” Revealed. A Common Social Security Disability Goof.
Continuing Disability Reviews – Age Categories
hi and welcome back to hill and Ponton,social security disability blog Im,Natalia Joffrey the social security,director and Im Shelley Moore and the,senior social security attorney so as,you know were talking about continuing,disability reviews which means youve,been on benefits and now Social Security,is going to evaluate your case to see if,you should continue being on benefits so,one of the things I want everyone to,know is that for the most part,everyones gonna get reviewed its not a,question of if its a question of when,so sometimes the judge is going to put,in your decision that they want you to,be reviewed after a certain amount of,time they might say you review this,person in a year they might say review,this person in 24 months whatever,especially if the if the judge expects,improvement even if that doesnt happen,social security in their rules say that,everyones going to be reviewed every,two four or six years no more than seven,years should pass the older you are the,less likely it is for you to be reviewed,the younger you are the more frequent,your reviews will be the sooner theyll,be and probably the more frequent,theyll be so I guess we could recap,what Social Security is going to,consider your younger and an older,individual right right so so for younger,individuals and which is defined as,under 50 years old you can expect a,review pretty frequent and more than,likely thats going to have been laid,out in the decision like you said we,always advise our clients that when,youre under 50 more than likely your,decisions gonna include the judges,direction to review the file in whether,its 24 months 36 months to check and,see if theres been medical improvement,the next age group would be closely,approaching advanced age which would be,50 to 54 youre going to be a little you,know a little less likely to have such,frequent reviews maybe maybe one after,your reward and then over 55 would be,advanced age more than likely in that,category,youre not going to have,a review unless its a condition that,the judge or social security expects to,improve you know say that you had had,cancer but youve gone through treatment,and your prognosis was good but you were,just getting back on your feet a,situation like that but remember that,more than likely for the advanced age,groups weve already concluded that you,cant perform your password and you,dont have transferable skills yes and,so even if theyre tacking on okay the,most we can let this person be on,benefits and I still have to review them,if its seven years and youre 55 well,now youre going to be 62 and people,that are retirement age they dont,really get reviewed they figure if,youre already on benefits at that point,youre already qualifying automatically,for part of your benefit anyway so I,think that thats the safest group of,people so unless you work and thats a,whole other video because it is its,just so much can can come into play but,we can say that for the most part the,younger you are the more frequent the,older you are the less frequent right,after retirement age highly unlikely and,I would say that examples for a person,thats younger and thats getting,reviewed we see that a lot with like,auto accident claims back injuries,thats normal,okay because theyre gonna look okay,after youre done with your rehab and,everything else are you able to go back,to work and have you have that that,vocational training or that education,thats allowed you to move into a,different type of work that accommodates,your your injuries or your medical,conditions we should talk about that,next lets do that,so the next video will talk about,vocational rehabilitation what that what,that is and how it can affect your case,alright great if you have any questions,give us a call or visit our website,thank you,you
If And When Your Disability Benefits Will Be Reviewed
common question that we receive here at,the disability digest,especially from those have just been,approved for their disability benefits,are like when am i going to be reviewed,uh what happens if i get reviewed what,do i,need to do to keep my benefits so this,short video,ill go through a few things to be to,look,uh for and be aware of and then some,tips at the end,to keep your benefits so first of all,disability reviews,are a real deal this is a social,security,statistic website here,that if you look way over on the right,termination rate terminations,this is showing the reviews,and the result of the terminations are,over here,so youll see that theyve gone from 7.3,up to 9.75,percent so just be aware that cases are,getting terminated the cone of the,common reasons,is disability benefit reviews,so it does happen so how do you find out,when youre going to be reviewed and if,youre going to be reviewed so,this is a page from an award letter,and it is typically found,in a section that says things to,remember,for the future and in this one it says,which this is a new award letter it says,september of 2022,so like within three years sometimes,itll say well review you,in three to five years five to seven,years,and there are some that have no,indication that youre going to be,reviewed,in my experience,what ive seen is if youre younger like,if,its definitely if youre in your 30s,and 40s youre going to be reviewed,frequently,unless you have some really obvious,glaring non-reversible condition,if youre in your 50s youll be reviewed,but its less likely,and then the heat seems to be off those,that are in their 60s,so thats the general uh,guidelines that that i see now i dont,have all the data on this this is just,based on,my review of these letters when they,when they come in so the next thing is,uh what do you do to keep your benefits,well theres a lot of information,on our youtube channel which if youre,watching this video on youtube,check out just look for the links below,or you can do a search on this channel,but the general condensed version of the,tips,to keep your benefits is to treat,your condition and your doctoring,just like you did to get approved which,means that you stay in treatment,for the conditions that have caused,limitations,that are preventing you from being,working,from working one of the problems that,people have is they get awarded and they,stop going to the doctors,and if you get a benefit review and they,see that youre not going to the doctors,they can say,or open the argument it says well if you,were being treated,for your conditions perhaps you could,work so you want to make sure,that you avoid that so that,and then you know communicating your,limitations to your doctors all the,things that we teach you here at the,disability diet just to get approved,you want to continue doing and you do,not want to make mistakes,one of the common mistakes that people,make well not common but,it certainly raises a flag when you make,more,money than the allowed amount so,two tips in short in this video is,keep in treatment and in addition to,that,make sure that your earnings are below,the,sga allowed mount which you can also,find on this website,so i hope you found this helpful in,keeping,your benefits where to find out when,youre going to be reviewed if you know,other people on disability that maybe,have this question or help them be aware,of how to keep their benefits,send it off to them make it a great day,stay tuned for more its been brian from,the disability digest,thanks
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Are Continuing Disability Reviews less likely if you are older than 55?
reapz law firm representing you and your,Social Security and disability needs if,you have questions regarding Social,Security and disability call attorney,Anthony Ruiz continuing disability,review question what about this vei,cases where the claim is over 655 while,the review is less likely thats a good,question you know what I tell people,those view reviews are usually less,likely when your elector Cixis usually,because I tell you because youre,getting close to retirement age because,then it converts from Social Security,disability to retirement 55 what this is,the standard response that gives people,everybody is subject to a review when,youre at 55 your pup youre getting,close to the retirement age so the,likelihood of a review tends to be less,however it depends on the condition so,guess what if you broke your leg and,hurt your back in a car accident and you,were 55 at the time theyre not going to,think that that situation is something,thats going to last you all the ways to,67 it may be something that it may take,you to three years and theyll do a,review of 58 or 59 so its important,again dont focus on the age focus not,only the age but the impairment itself,and the proximity of when youve been,ready to retire if somebody has just got,disability benefits of 60 to 63 by the,time the review comes around theyre,gonna be retirement age 55 a little,different so to answer your question yes,and no are the reviews is there,possibility the reviews and this is,always to be the words that say its the,possibility of a review likely if youre,less likely if youre over the,fifty-five less likely yes but again,again it depends on the circumstances of,the impairment it really does so I dont,like I said do not think that if you get,disability benefits and youre 55 or,older that youre not gonna see a review,or youre gonna see very few reviews,dont get caught up in haze how many,Ive said this on a couple of videos,leading up to it,Social Security has just received the,increased allocations of fun or so,continuing disability reviews so if you,get one or two or even three if you make,it that far,dont freak and say to yourself Oh was,it eh 55,what happened attorney reset 20 really,said possibility theres always the,possibility that they getting more
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Continuing Disability Reviews | Closed Period of Disability
hi and welcome back to hill and Ponton,social security disability blog im,italia joffrey the social securities,section director and im shelly mark the,senior social security attorney so weve,been talking about continuing disability,reviews and getting your benefits,stopped after youve already been,receiving benefits and one of the ways,that we see this happen but that its,done preemptively weve talked a lot,about social security and loving people,going back to work and you handle a lot,of cases like this where there is a,closed period of disability so can you,explain a little bit to people I guess,the minimum threshold and then how that,gets applied right closed period of,benefits is basically its it occurs,normally when someone sustains an injury,or is diagnosed with a disease and,theyre unable to work they have to stop,working and theyre out for over 12,consecutive months and then at some,point past that time theyre able to go,back to work and so what we do is we we,change their claim to just asking Social,Security to pay this person for the time,that they were unable to work with no,ongoing benefits in the future as you,can imagine the judges and Social,Security definitely prefer and,definitely favor these cases because it,does show the initiative that the person,was able to go back into the work force,so we do we do have a lot of favorable,outcomes with closed period benefits,yeah its great for them because theyre,like well Im gonna pay this person for,the person thats before the time period,that they were unable to work and that,they were out and now we can take them,off of Social Securitys payroll so they,love those cases absolutely and I always,counsel our younger clients when theyve,been out of work and they come to me and,they say you know Ive been out of work,but Im getting to a point financially,where I really need to work and I think,I can I always tell them that one we,dont want them to think that they cant,go back to worry you know if they,feeling as though they theyre able to,go back to work they can definitely try,into that its not going to completely,ruin their disability claim that at,least we can get them compensated for,that time period that theyve been off,and sometimes like kind of ties in with,successful work attempts absolutely,because if so if the judge sees that,youve tried to work and you were unable,to continue that new job it can work for,in your favor because they look at it,you know theyre human beings too and,they go well at least the person tried,it really they werent able to do it and,why werent you able to do it and then,theyll delve into all of those other,details and obviously if you are in fact,able to return to work then good for you,I mean that should be the end game the,end goal for everybody is going back,into the workforce but at least you,still have that option to get that,closed period of disability where you,were truly unable to work whether it be,for physical or mental reasons right but,it has to be you have to have been out,of work for a minimum of 12 months right,thats the part that you you have to,have if you stop working and youre out,of work for eight months and you start,working again after that you know were,going to tell you that you havent met,that first you havent met the first,requirement for Social Security,disability benefits so not only are you,not entitled to ongoing benefits but,youre not entitled to a closed period,alright great well were going to keep,talking about disability and review,claims so please join us again but if,you have any questions in the meantime,feel free to call us or visit our,website thank you,[Music]
folks brian carrion here from the,disability digest with some good news,about disability benefit reviews and i,wouldnt call it bad news but some not,so good news about continuing disability,benefit reviews,[Music],if youre new to this channel and,following us here at the disability,digest we help people get their benefits,keep the benefits maximize their,benefits encourage you to like subscribe,ring the bell,um,and if youre not a member here we,invite you to join us so we can help you,get a customized approach,to uh getting your benefits or keeping,your benefits,for this message is all about continuing,disability reviews the statistics show,that about 20 of individuals are going,to be reviewed uh in 2022 and many of,you have and ive had,unfortunately some of you have had some,not so good results,um but the good news is as we have the,answers here at the disability digest,recently interviewed industry expert,uh jim brown who has 43,years of experience in helping people,get their benefits,keep their benefits,yes right 43 years so hes a resident,expert on this,and the interviews done and were ready,to release it and its got about,what has 10 tips the 10 things that you,need to do to know,so that you can keep your benefits so,thats the good news we have the answers,the other part of the good news is the,interview has a group of individuals,that will provide legal support for,those that need it to get their benefits,get through their benefit reviews if,theyre having problems or if theyve,been denied,now,because we have a limited amount of,legal resources to support this effort,because really nobody is too keen on,doing this area of law,we are going to roll this interview out,in,segments,first the full interview with all the,legal support will go to those that are,in our benefit protection program here,at the disability digest these are,members that we are managing their,benefits making sure that they are,getting everything that theyre entitled,to,and in the event that they have a,problem with their benefits we help them,with legal support theres no charge for,it if you dont know about it,learn about it on this channel or ask us,to see if you qualify,so theyll be first,other members that weve been working,with and recently have done a benefit,review theyll be next for those two,groups you just need to look for,cdr guide and that will be the subject,line of the email youre watching this,on the youtube channel,and youre just a subscriber we thank,you very much our plan is to reveal,three of the ten tips here and different,segments,so that you can get an understanding of,the basics,of what you need to do to protect your,benefits and of course,if you want the full meal deal we,encourage you to join us as a member,theres no charge and membership has its,privileges because we can help you keep,your benefits,and therell be a link down below this,so,coming up next will be the first of the,tips that were going to release itll,help you understand who is going to be,reviewed and,gives you a segue into what to do if,this happens to you so enjoy this,segment of tip number one,with attorney james mitchell brown,thanks,hey everybody this is brian,tarion from the disability digest and,im excited for this interview today if,you are,approved for your disability benefits,trying to get approved for your,disability benefits or just thinking,about it or maybe you know somebody that,is approved for disability benefits,this is one interview that you do not,want to miss,the challenge that we see is that most,people that,get awarded their disability benefits,you know they understand that that part,is difficult but what they dont,understand,is that the review process and the,approval process is ongoing for most is,that theyre evaluated by social,security so,today im happy to have attorney james,mitchell brown with us,jim has become a national expert in,helping people get their disability,benefits approved and listen to this jim,has been doing this work for the social,security administration since 1973,48 years good for you,um,well listen,i expect what youre willing to share,here today will save people,thousands of dollars you know and help,them keep on their benefits and,so were going to go through some common,questions that ive uh that ive,collected will,help people understand,the forms how to fill them out,and then at the end when were done if,you need help or you have a continuing,disability review issue,uh well give you some guidances where,you can go to to get some help so thats,what we have on tap today so thank you,in advance for taking the time to do,this,um let me interject one,whos thing,disabled should ever be cuddled,you have to take steps to keep from,doing it but,the cases i hate are people who are,being cut off because they didnt do,what they should do,so this is important to everybody,listening and watching today,take it seriously you can lose your,benefits if youre not careful,oh im telling you i just look at my,inbox uh we had another one today um,so its the real deal and were gonna,talk about that i i do in the,conversations that ive had in my 17,years of doing this and ive talked to i,dont know probably,over 9 000 people now,um theres a lot of people that just,feel that theyre just plain untouchable,like you know my conditions are this but,uh i expect to learn,unfortunate circumstances from from,today so,lets start with the basics uh jim uh,lets lets explain,what a,continuing disability review is like,what is it,the law says that everybody receiving,disability,under age 58,59 maybe is supposed to be reviewed,every two to three years,to determine if their disability is,continuing,social security starts by sending you a,form,youre supposed to pull it out promptly,and return it,step one if you dont return it,they do it up they investigate you,further,fill it out but be thorough,second step is,are you working are you receiving work,comp benefits are you receiving a,federal disability benefit,but fill that form out completely,then,you have to keep going to the doctor,just because youre not youre going not,youre getting disability doesnt mean,you can stop going,uh i had a client who had cerebral palsy,they said nothing could help him so he,quit going to the doctor,he couldnt lift his head off his chest,but they went to cut him off because he,wasnt getting medical care,keep going to the doctor if you dont go,youre going to get terminated yeah,simple thats one of the questions they,ask,but the reviews happen are you still,getting medical care are you working,what do you do during the day were,going to go through that form in a,little while and its important to fill,it out carefully so lets go through,that form im going to give another tip,on what i recommend to do with it,okay good uh jim for the audience,um oftentimes people will say you know,my my my review is scheduled at the,three-year interval but i havent had it,yet like when are these done when are,they actually done do you know,no theres no time to predict there are,some judges who write in their decision,that this person should be reevaluated,in 12 months and 18 months,and 36 months,nobody reads that,when i represent somebody younger in the,20s i put in my pre-hearing memo that,they should be reevaluated in 12 months,the judges love that because theyre,afraid that theyre giving this young,person the right to get disability,forever and they just put that in their,decision and it nobody ever pays,attention to it,the people who are most likely to get,reviewed,although social security denies it it,really happens are those who are getting,disability for a mental illness,oh,because those are the people least able,to,respond to answer the questions properly,one one of the reasons,i get along with the people at the,agency,is i had a client brought in by her,brother,who,received a letter saying send me the,information fill this form out she,ignored it got a second form got a third,form,got a letter saying you have to f
Disability for those over 50: Continuing Disability Review and retirement[Music],[Music],for those of you who over the age of 50,I typically share this with you if,youve been found disabled as it relates,to what we call a continuing disability,review and your retirement lets start,with the continuing disability review,typically every three to five years has,been my experience it varies in place to,pace place Social Security will review,your case to make a determination of,whether or not they believe youre,disabled what they do is almost similar,to the same process but what theyre,looking for is whether youre not your,condition has medically improved and,they may medically improve to the point,where youre able to go back to do,anything you used to do or anything else,so what they do is they look at the,point where you were found disabled and,then they look at the current date and,they gather evidence and information,from third parties and yourself about to,compare the two so they compared to the,last time to today to see if theres,been an improvement if they believe its,about the same or worse typically your,benefits continue if they believe that,youve improved to the point where you,can go back to work,then they will see your benefits you do,have rights to appeal that but thats,typically the order of things,now I typically tell people not all the,time but mostly if youre getting close,to retirement age lets say you were,found to say when you were 59 or 60 its,a decent chance that you might not get a,review and you would say what do you,mean why do you say that as the first of,all I want you to let you know this Im,not telling you you,get one so please dont take this video,as me telling you but if youre 58 59,you found disabled youre not going to,get me review thats not what Im saying,Im saying that you might not why,because youre getting so close to,retirement age that at retirement age,and I believe currently now the age of,66 once you turn 66 the money you,receive from disability will be,reclassified as retirement that point,theres no more review understand what,Im saying okay so thats why I say if,youre especially because Nathan Im,representing a few clients who are 16 60,102 – and I told them I said likelihood,you get a review is slim to none because,by the time the review comes around 65,youre almost 66 so youre almost a,retirement age anyway the biggest thing,I tell people is that the pot of money,for retirement and disability benefits,is the same so please dont get it in,your mind,okay Im going apply for retirement so I,can get extra sum of money no thats not,the way it works the reality is that if,you want you to retirement age if youre,on disability benefits the money is,reclassified it goes from being,disability benefits to retirement so,thats why I stress the process if,youre over the age of 50 if youre in a,young 50s youre probably going to get a,review if youre like 50 to 54 and this,problem youre probably going to get a,reviewer or to a little bit but its a,lot different than if you were in your,30s and I tell people youre going to,get a review a few times during the,course of your lifetime but typically,once youre over the age of 50 those,reviews dont happen very often so keep,that in the back you mind that as you,apply for disability benefits and youre,over the age of 50 the likelihood of a,review three to five years closer to,retirement is less like,Oh,[Music] [Music],should you wait until your 50th birthday,before applying for social security,disability benefits,im jonathan ginsberg im a social,security disability attorney,and the answer to that question is no,you should apply for benefits,when you reach the point where your,medical condition leaves you without the,capacity to perform,even a simple entry-level job,now at age 50 it does become a little,bit easier to win disability benefits,and the reason for that is that social,security,has kind of a built-in bias in favor of,people at age 50 they seem to believe,that when you hit age 50 the number of,jobs out there,is going to decrease especially if you,have a limited education,and especially if you have a physical,problem that would prevent you from,working,at an entry level type of job in fact,theres a whole theory of disability,available to people over age 50,called the grid rules or the medical,vocational guidelines,that basically say you can be found,disabled once you hit 50 even if you can,do certain kinds of work,because as a practical matter there are,no jobs,and significant number for people over,age 15 in the economy who have physical,problems so yes it becomes a little bit,easier but,you can still win if youre in your 30s,your 20s your 40s i won plenty of cases,for people in their 40s,and their 30s the way i look at it,though is,its kind of like a if you can imagine,like a,a a a graph where the,younger you are the more evidence youve,got to have so,if youve got if youre in your 20s the,level of evidence needs to be really,really high,youve got to have very strong,supportive evidence from your doctor a,lot of it,and firm commitment from your doctor,that theres nothing at all that you can,do,as you get older the need for that level,of evidence,starts to decrease and judges will begin,to accept your testimony,or reasoning that as you got older,these things are more of a problem again,think about somebody with diabetes,even type 1 diabetes which is typically,the most severe type,if youre 25 years old and youve been,diagnosed with diabetes,you know you may have some problems you,may have some significant problems,but if youre 45 and youve been,diagnosed or you were diagnosed,at 25 and youve been fighting diabetes,for the last 20 years,and youve got some eye damage and,youve got some neuropathy in your,fingers,and you cant feel your feet its easier,for a judge to assume that the 20 years,that youve been,struggling with diabetes even if youve,been completely compliant with your,doctor,that that 20 years has taken this real,wear and tear on you,same with a back problem if youve got a,significant back problem,or lets say a bulging disc at age 20 or,25,well you know youre young you can,possibly work through it youre 45,its a lot more difficult you dont,bounce back as quick when youre 45 so,i think the older you get the more,judges are willing to accept your,testimony that these problems,are continuing theyre not getting any,better and theyre actually getting,worse so again,and in your 20s and 30s you need to have,a really really,high level of evidence showing,significant problems,and treatment resistant nothings really,helping,and you can still win but again as you,get older becomes a little bit easier,and,once you hit 50 becomes even easier but,i would tell you if you cant work,thats the standard thats when you call,an attorney,and say look im fighting this ive,tried to work ive done everything i,possibly can,i simply cant do it anymore heres my,medical records say,and see if the attorney believes its a,case that he or she can win,no matter what your age but theres no,requirement that you wait till age 50.,please visit me online im at,ssdanswers.com,you can go there and request my free,secret swimming disability survival kit,you can ask me for a case evaluation of,course leave me a comment on this video,on youtube or on facebook,like the video like it on facebook on,youtube subscribe to our channels like,our page,we really love to speak to people and,communicate with them through our social,media channels,and if i can be of help to you please,let me know my name again is jonathan,ginsberg,and i do wish you nothing but the best,thanks a lot,hi this is jonathan ginsberg and i hope,you found this video helpful,if youd like to know more about how to,win your social security disability case,id like to invite you to download my,secrets to getting approved early,survival kit,that i created just for people like you,currently im making the survival kit,available at no,cost and i encourage you to grab your,copy now,some of the topics i cover include how,do i know if i have a case,is it the right time for me to file my,claim,nine common mistakes that can doom your,case,the three must have arguments you use to,win your case,and a topic that every disability,claimant wants to know,how to avoid trick questions from the,judge,if you or a loved one need to win social,security disability benefits,youll find the survival kit essential,reading,download your survival kit right now and,at no cost,just visit ssdanswers.com,backslash survival and sign up its that,easy,please act now and as always i wish you,the best