Milwaukee, WI Attorney for People With Permanent Disabilities

Social Security Disability Lawyer For Help With Continuing to Qualify for Benefits in Milwaukee County

Some disabling medical conditions are temporary, and you may eventually be able to return to work after undergoing treatment, rehabilitation, and recovery. However, if you have a permanent disability, it may affect your work ability throughout the rest of your life. In this case, you will have an ongoing relationship with the U.S. Social Security Administration (SSA) that extends beyond your initial application to include continuing reviews at least every few years.

If you have a disability that is expected to be permanent, Attorney Jonathan Pearson can help you apply for Social Security disability benefits, and he can continue to advise and represent you as you prepare for your continuing disability reviews in the years to come. Jonathan will always be the one to personally handle your case, and he will bring his extensive knowledge and experience with the Social Security disability system.

Do I Need a Permanent Disability to Qualify for Benefits?

While Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits are not available for people with short-term disabilities, they do not require you to have a disability that will last for the rest of your life. Rather, the general standard for qualifying for benefits is a condition that keeps you from performing substantial gainful activity (SGA) for a minimum of 12 months. During the application process, you will need to demonstrate that your condition has already lasted for at least 12 months, or that it is expected to last for at least 12 months or result in your death.

If your condition improves after 12 months, and you are able to return to work and earn a substantial income, then your Social Security disability benefits could end. However, if you have a permanent disability that does not improve, you may continue to receive benefits indefinitely, at least until you reach the age of 65 and qualify for retirement benefits.

The Continuing Disability Review Process

In order to determine whether you continue to qualify for benefits, the SSA will require that you undergo regular continuing disability reviews (CDRs). If your condition is expected to improve when you are initially granted benefits, you may have a CDR every three years or more frequently. If your condition is not expected to improve, your first CDR may not take place for seven years or more. However, some circumstances may result in a review outside of this schedule, including your return to work or new information regarding your condition or treatment options.

When it is time for a CDR, the SSA will notify you and ask you to complete a Disability Update Report or a Continuing Disability Review Report. An attorney can assist with this process and help you gather any new information that speaks to your current medical condition and continuing eligibility. The SSA will review the information you submit and determine whether your condition has improved to the extent that you are now able to perform substantial gainful activity. If you are receiving SSI benefits, the SSA will also determine whether you continue to qualify based on your income and resources.

If your condition has not substantially improved, and you still meet other eligibility requirements, you will continue to receive the benefits to which you are entitled. However, if the SSA determines that you no longer qualify, your benefits can terminate after the CDR is complete. If your benefits have ended, and you disagree with the SSA's determination, you have the right to appeal, and we can help you prepare for the appeal process.

Contact a Wisconsin Social Security Disability Benefits Attorney

Contact us at 414-240-4801 today for a free consultation regarding your initial application or your continuing disability review. We serve clients in Waukesha County, Milwaukee County, West Allis, Greenfield, Wauwatosa, Oak Creek, South Milwaukee, Milwaukee, and the surrounding areas.