The Social Security disability hearing decision says my case will be reviewed in 12 months

By Tomasz Stasiuk, August 17th, 2009 | 5 Starting Benefits | 6 Comments

In some disability decisions, the judge ask Social Security to review the case, sometimes as short as six months, sometimes the judge asks for a review in a couple of years.

I thought you said that most Social Security disability cases were for “open” disability — where there is no foreseeable end to the disability.

Compared to a “closed period of disability” case, that is true. In a closed period case, either you, or the judge, picks a date when your disability ended, and it is always a date in the past.

Here, the judge expects your condition will improve in the future and you may no longer be disabled.

This does not mean your benefits will automatically end. However, Social Security will review your case to see if your disability continues.

• If your disability continues, your benefits may continue as well (assuming there is no other problem to cause your benefits to stop).
• If your are no longer disabled, your benefits will probably stop.

As in every Social Security disability case, it is vitally important to keep treating even after your have won.

If you do not have a supportive doctor when Social Security reviews your case (and almost all cases are reviewed at some point), a Social Security doctor (who has never seen you) or a Social Security technician may decide based on your limited medical evidence that you are no longer disabled.

Tomasz Stasiuk is the founding attorney of the Stasiuk Firm - a law firm devoted to exclusively handling Social Security disability cases in Colorado. Contingent fees available.