For New Jersey residents who are receiving Social Security disability benefits through the Supplemental Security Income (SSI) there might be a sense of relief when they are approved, but it is important to know about maintaining benefits. When applying for SSI benefits, it must be remembered that the Social Security Administration will have continuing disability reviews. These are reviews of the disability or blindness to determine whether or not the claimant remains disabled or blind. If the problem that spurred the benefits to be provided has dissipated, then they will be stopped.
According to the law, there is a continuing disability review every three years except in cases in which it is a condition that is not expected to improve before that. If there is a condition that is not expected to get any better, the case will still be reviewed, but it will be less frequently. Along with the medical review, the income, resources and living situation will be considered to make sure all the non-medical requirements are also met. This is known as a redetermination.
Children who are receiving SSI are also subject to a continuing disability review every three years. There will also be a review if the child’s condition is not expected to improve. Children who are granted disability benefits because they were suffering from low birth weight will have a review by the age of one. If the improvement is unlikely by the time the infant turns one, then it can wait until after that age. The representative payee for the child – that is the person who manages the funds – must provide evidence that the child is being treated for the condition. A refusal or inability to do so might lead the SSA to seek out another representative payee or pay the child directly if the child is deemed to be of age.
When a child who receives SSI turns 18, the disability will be up for redetermination to see if he or she is still warranted to receive benefits under SSI. When applying for SSI benefits, it is wise to be aware of the need for continuing disability reviews. With any aspect of SSI or other forms of Social Security disability, it is key to have assistance from a legal professional experienced in helping clients with getting and keeping SSI benefits.
