How Often Do I Have To Prove That I’m Disabled To Receive Benefits In Houston, TX?

Getting a determination of disability isn’t the end of your journey. Once you’re declared disabled, you’ll be subject to periodic reviews, depending on your condition. But reviews are part of the process and part of continuing to receive disability payments.

How Often Do I Have To Prove That I'm Disabled To Receive Benefits In Houston, TX?

What Type Of Disability Do You Have?

When you’re approved for disability, your caseworker will set dates for future disability reviews. Generally, these reviews are every three to seven years. However, it also depends on the severity of your disability.

There are three categories of disability conditions:

·         Medical Improvement Expected—if your disability is one that you’ll recover from, you can expect to have a review within six to eighteen months of your original determination

·         Medical Improvement Possible—for conditions from which you are reasonably expected to improve (such as mental illness), reviews are generally conducted every three years

·         Medical Improvement Not Expected—if you’re rated for a condition for which a recovery is not expected, reviews are conducted about every seven years. These conditions can include:

  • Autism
  • Blindness
  • Multiple Sclerosis
  • Deafness
  • Parkinson’s Disease
  • Some Cancers
  • Cerebral palsy

Children who receive SSI will have a review every 3 years. Children approved for low birth weight will be reviewed around their first birthday, and all children will be reviewed at the age of 18 regardless of what type of disability they have.

Navigating the CDR

Social Security is required by law to perform periodic reviews of individuals who receive disability benefits. This includes gathering medical records for review. The CDR, or Continuing Disability Review, is the process for determining your continuing disability.

When the time comes, Social Security will send you one of two forms to fill out and return:

·         If the likelihood of your recovery is low, you will be sent Disability Update Report (SSA-455-OCR-SM, or “the short form”

·         If your recovery probability is higher, you’ll be sent Continuing Disability Review Report (SSA-454-BK, or “the long form.”

From there, they will examine your medical records, any treatments, improvements in your medical condition and any other determining factors, such as vocational training that allows you to begin doing “substantial gainful work.”

Without any improvements, and the inability to return to “substantial gainful work,” your disability payments will likely continue. However, if they are changed, you do have the right to appeal any decisions.

What Can Affect Disability Benefits

Any major change in your medical condition, income, resources, living arrangements and other circumstances (such as marriage or divorce) can change your eligibility. Disability is need-based with limits on assets and income, so periodic “re-determinations” are regularly conducted. If you’re found to exceed the “allowable limits,” your benefits will be suspended or terminated.

Scheduled For A Review? We Can Help

Regular reviews for disability cases are common, they occur every three to five years, and don’t always mean your benefits will end. Call The Herren Law Firm today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation, and we’ll take your case on a contingency fee basis, with no up-front charges.

Houston TX Veterans Disability Attorney – What benefits are available for disabled veterans?

When returning from active-duty service in the U.S. military with an injury or disability, veterans can often rely on the Veterans Affairs to help cover the costs of service-related injuries or provide income to a disabled veteran that can no longer work. As such, if you are a veteran with a disability, it’s important to understand the VA disability benefits process, what benefits are available, and the varying eligibility requirements associated with certain benefits.

Benefits for Disabled Veterans | VA Disability Benefits Attorney Herren Law

If you’re finding difficulties getting rightfully owed disability benefits from the VA, then you may want to call a Houston VA disability benefits attorney as soon as possible. With years of experience helping veterans in Texas, attorney Bill Herren of Herren Law understands what it takes to get benefits, and what benefits may be available for you. We operate on a contingency basis, and you won’t pay a fee unless we win your case. For a free consultation, call our Houston law firm at (713) 682-8194.

Eligibility for VA Disability Benefits

There are certain eligibility requirements associated with the various disability benefits. However, veterans must meet two basic conditions to be considered for any VA benefits, including:

  • The veteran must have been on active service
  • The veteran must have received a discharge under conditions other than dishonorable

It is important to note that a veteran who was disabled by his/her own willful misconduct may be barred from receiving VA disability benefits.

Service-Connected Disability Compensation

After meeting these basic requirements, the veteran can look at other requirements associated with the VA’s disability benefits. For disabled veterans, the specific benefit they can pursue is:

Service-connected disability compensation: The service-connected disability compensation includes a monthly cash benefit, and it is available to eligible veterans who incurred an injury or illness that caused a disability or made an existing disability even worse. If the disability is particularly severe, there is special monthly compensation that’s also available.

The amount of benefits ranges from $133 to over $3,000 paid every month. The exact amount depends on several factors, such as the severity of your disability and the number of dependents you have. Furthermore, you may be paid additional amounts if any of the following are true:

  • You have a severe disability or you lost a limb
  • You have a spouse, children, or other dependent partners
  • You have a seriously disabled spouse

You can apply for disability benefits at any VA office, including those right here in Houston.

Benefits Available for Disabled Veterans

There are several types of claims associated with disabilities, and the unique circumstances of your injury and disability should indicate what type of claim you should pursue. Some of the different types of benefits and disability claims available to veterans include:

  •  Pre-discharge claims: Service-members within 180 days of their discharge from active duty or full-time National Guard duty may file a claim for disability compensation.
  • Pre-service disability claims: During service, an injury could aggravate a known pre-service disability. If a disability becomes worse during service, a veteran can file a pre-service disability claim.
  • In-service disability claims: For disabilities that resulted from an injury or illness that occurred during active service, a veteran can file an in-service disability claim.
  • Post-service disability claims: Some disabilities result from a disability that occurred while the veteran was in active duty. Even though the disability occurred have service, the veteran may still be able to file a claim.

Some claims are based on special circumstances, such as a claim for a temporary 100% rating due to surgery for a service-connected injury, or additional compensation if the veteran requires regular aid and attendance.

Call Herren Law Today

It’s always important to remember that, before you’re awarded disability benefits, you’ll need to meet the VA’s strict guidelines for disability, which includes a Direct Service Connection, Aggravated Service Connection, Presumptive Service Connection, or a Secondary Service Connection. You may also win disability benefits if you establish a service connection for Post-Traumatic Stress Disorder (PTSD).

To get legal help with your VA disability benefits claim, and a prominent attorney who’ll vigorously fight for your interests, call VA disability attorney William Herren today at (713) 682-8194. Free consultations are available.


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