What can I do to make sure that I don’t lose my benefits?

The key to keeping your benefits is continuing to have regular appointments with the doctors who support your claim.

If you are not going to your doctor regularly, the Social Security Administration may ask you to see one of their doctors during the review process. This is problematic for you because instead of going to a doctor who knows you, your condition, and that you are disabled, you are going to a doctor who does not know you at all (not to mention that the doctor works for the SSA).

Remember that the Social Security Administration does not use your old medical records (this includes all the information that was used to prove your claim) to determine whether or not you are still disabled except as a reference point to determine the original basis for disability. Instead, the Social Security Administration is looking at your medical condition “at the time of the review” to see if your condition has improved to the point that you can return to work. They want to know what your current diagnosis and limitations are.

Each time you visit your doctor make sure that you pay attention to what is bothering you and write these complaints down prior to your visit. You and your doctor may know that you continue to be disabled and that nothing has changed, however the doctor’s records need to reflect this.

Your doctor will record whatever you tell him. When you are reviewed, the Social Security Administration will read whatever your doctor wrote in your chart. One of the biggest mistakes that claimants make is when their doctor asks them how they are doing they reply, “fine.” The Social Security Administration, during the review, will read the doctor’s records literally. If you said you were “fine”, that is “fine” with Administration, and you would not appear to still be disabled.

The other major reason people lose their benefits is because they work and earn more than the Social Security Administration allows.

If you are working part time be careful not to violate the Social Security Administration’s rules for working while receiving Disability Benefits. The Social Security Administration says that while your are disabled, in any 60 month or 5 year period, you can work for a total of nine months and earn any amount of money. This is known as the trial work period. Remember the 9 months do not have to be nine months in a row. It is a total of 9 months in any 60 month period. There is no maximum on the amount you can earn in each of those 9 months. There is, however, a minimum. For the year 2002 if you make over $560 a month then that month will count towards your trial work period.

Once you have 9 months in any 60 month period where you have earned over $560 a month, then you have completed your 9 months trial work period. If in any of the remaining months in that 60 month period you earn more than is allowed that year’s test for SGA ( Substantial Gainful Work ) then SS will find that you are no longer disabled as of that month. The amount allowed for the year 2006 for SGA is $840 a calendar month.