Is your risk of a continuing disability review and termination of benefits higher if your claim was awarded based on mental health problems?
My experience has been that you do face an increased likelihood a review if you were approved because of depression, anxiety, PTSD, bipolar disorder, schizophrenia or other mental problems. Many judges believe that mental health symptoms such as impaired attention and concentration, emotional stability and problems with persistence at tasks can often be controlled with medications.
In my practice many mental health awards include a provision that the judge wants SSA to review my client’s file in 2 years to look for possible improvement.
My guess is that SSA administrators are encouraging judges to include 2 year reviews in their decisions and that members of Congress and SSA staff believe that mental health conditions can be controlled with medications. I also think SSA intends to use the continuing disability review process to weed out approved claimants who stop going to their psychiatrists or psychologists.
In this video I discuss a case where a judge approved a claimant based on relatively weak mental health evidence and did not even address the claimant’s more serious physical impairments. It is very possible that this oversight may have been intentional.
I warn all of my approved clients to recognize that SSA may try to cut them off in the future so they should simultaneously try to get better and return to work, while continuing to go to the doctor to maintain a medical record that supports a finding of disability. #continuingdisabilityreview #terminationdisabilitybenefits #mentalhealthdisability
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