When we are successful in a Social Security disability case, clients often want to know if their Social Security disability benefits are permanent. Often, the answer is “it depends.” When it comes to Social Security Disability Insurance (SSDI) benefits and Supplemental Security Income (SSI) benefits, there is no set expiration date for the benefits. As long as you remain disabled under the Social Security Administration’s (SSA’s) definition, you will continue to receive disability benefits until you hit retirement age.
When you won your claim, SSA categorized it based on your diagnoses and disabling conditions. Currently, there are three categories: Medical Improvement Expected (MIE), Medical Improvement Possible (MIP), or Medical Improvement Not Expected (MINE). These categories dictate when SSA will pull your file for a “continuing disability review,” or a CDR. When your case undergoes a CDR, as long as the medical records continue to support a finding of disability under SSA rules, you will continue to receive your benefits. However, if SSA does not think you are still disabled under their rules, they will terminate your benefits.
Medical Improvement Expected
If your case is classified as an MIE case, SSA will likely pull your case for CDR between 6 and 18 months after you are awarded benefits. These are cases where SSA expects your disabling conditions to improve such that you can return to work. Examples of impairments may fall into this category include:
- fractures,
- cancers with bone marrow or stem cell transplantation,
- chronic kidney disease with a kidney transplant, and
- low birth weight.
Medical Improvement Possible
If your case is classified as MIP, you can expect SSA to conduct a CDR at least once every three years. These are cases where SSA cannot predict the improvement of the impairment(s) based on the facts of the case. Examples of impairments that may fall into this category include:
- Crohn’s Disease,
- sickle cell disease,
- chronic ulcerative colitis,
- epilepsy, and
- schizophrenia.
Medical Improvement Not Expected
If your condition is classified as MINE, your case will be pulled for CDR at least once every seven years. These cases typically involve conditions that tend to be progressive and are unlikely to improve to allow the claimant to return to work. Examples include:
- amyotrophic lateral sclerosis (ALS),
- Parkinsonian Syndrome (Parkinson’s disease),
- diffuse pulmonary fibrosis in a person age 55 or over, and
- amputation of the leg at the hip.
Are Social Security Disability Benefits Permanent?
Therefore, while there is no “expiration date” for your SSDI or SSI benefits, SSA does review your case periodically. Unfortunately, these reviews can result in your SSDI or SSI benefits being terminated. If you are disabled and unable to work, contact a local attorney today.