If you were diagnosed with a qualifying condition as a child and you receive Social Security Disability payments, you may be wondering what will happen as you approach your eighteenth birthday. Will you continue to receive benefits? What will you need to do? The first thing that you need to know is that you will have to have a Continuing Disability Review (CDR), sometimes called an "age 18 review." Take a look at some of the things you'll need to know about continuing your Social Security benefits as an adult.
Qualifying Conditions
If you qualified for Social Security Disability benefits as a child, it's most likely because you have a disease or disorder that is listed by the Social Security Administration as a qualifying condition. Adults have to meet the same requirements. However, one issue that sometimes affects adults making the transition from childhood to adult is that the listed conditions do not necessarily match up. For example, eating disorders are listed as a qualifying condition for children, but not for adults.
If your condition doesn't have a qualifying adult equivalent, don't worry. You can still qualify for what's called a medical-vocational allowance. You'll have to have a Residual Functional Capacity Assessment, which is when a medical consultant looks over your past history, gives you an exam, and determines whether or not you can return to your prior work – or, if you've never worked, whether there's any work you can do in your current condition. If the assessment finds that you will not be able to work, you'll qualify for disability benefits as an adult under the medical-vocational allowance, even if your childhood diagnosis does not have an adult equivalent.
What Social Security Looks At
Social Security doesn't only look at your medical records. People can have wildly different levels of functionality even with the same disease, so the Social Security Administration needs more than just a diagnosis to make their decision.
As a new adult that's never worked, you can expect that the Social Security Administration will look at your performance in school – not just your grades, but also reports from teachers and staff about your ability to focus and function and the effects you experienced from the stress of school. They will also look at any volunteer work or community service that you've performed, including any accommodations that needed to be made in order for you to do that work. This can give them a good idea of how you would realistically fare in the workplace. They'll also consider statements from your doctors, family members, and other community members who know you.
The Appeals Process
It's possible that your benefits may be terminated after the CDR. If that happens, you should know that you have the right to appeal the decision. There are several steps to the appeals process. You may request that your state's Department of Disability Services review your file. They can either overturn the denial and reinstate your benefits, or they can send the matter on to a hearing with a disability hearing officer. If your benefits still aren't reinstated, you can request a hearing with an administrative law judge.
During this appeals process, you can elect to continue your benefits if you choose to. However, it's important that you realize that you can be held liable for repaying those benefits later if you're found not to be eligible for disability benefits by the end of the appeals process. Unless you're very certain that you'll eventually regain your benefits, or you simply have no other choice, it may not be in your best interest to request a continuation of your benefits.
If you've already had a Continuing Disability Review and you need help with an appeal, legal advice is a must. If you haven't had your CDR yet, an experienced social security attorney in your area can help you through the process and lessen the chances that you'll need to worry about an appeal. For more information, contact a local attorney or visit sites like http://toddeast.com/.
Share9 October 2015
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