If your disability worsens after filing for Social Security Disability Insurance (SSDI) benefits, you may wonder if this has any impact on your application. Do you have to update your existing application or reapply for benefits? What steps should you take to ensure you obtain the benefits you need?
At Sigman Janssen, our knowledgeable disability lawyers in Appleton are dedicated to helping Wisconsin residents understand their rights when applying for benefits.
The application process can be confusing, and we know how vital it is to avoid mistakes along the way. The good news is you don’t have to figure things out on your own. We are prepared to guide you throughout the application process to help you get the benefits you need without unnecessary delays.
Call our law offices for a free initial consultation. (877) 888-5201
Should I Start a New Application Based on My Worsened Condition?
Starting a new application may not be necessary. It depends on how far along you were with the application process when you started getting worse.
If your initial application is still pending with the Social Security Administration (SSA) and it has not yet been approved, you may not need to file another new application. Instead, contact the SSA to give them an update on your condition. Make sure you provide updated medical evidence that supports your claim.
Updating your existing application instead of starting a new one can help you avoid unnecessary delays and other complications.
Can I Reapply If My Disability Got Worse After I Was Denied Benefits?
If your application was already denied and you missed the deadline to appeal that decision, then your only option may be to file a new application.
For applications still within the 60-day appeal window, however, you can request to file an appeal. Appeals allow you to build upon your existing case, giving you the opportunity to provide additional documentation, medical records, and other proof.
Seeking legal help for an appeal may greatly benefit you when trying to get a denied application decision overturned. Appeals can be complicated, and it is easy to make mistakes, miss deadlines, or forget to include critical documentation.
What Should I Do If I Am Receiving Benefits Already and I Become More Disabled?
If you are already receiving SSDI benefits and your condition becomes significantly worse, there are some immediate steps you can take.
- Get Medical Confirmation from Your Doctor: Get a medical evaluation from your treating physician to determine if what you are experiencing is temporary or a permanent/expected progression of your condition.
- Report Your Increased Disability: Contact the SSA once your physician confirms your condition has worsened and is not likely to improve over the next 12 months.
- Gather & Provide Updated Medical Records: Collect documentation from any new tests or medical evaluations you had that confirm your worsening medical condition.
- Document New Daily Limitations: If your limitations have increased with your worsening disability, be sure to document and track those changes in a journal. Specifically note worsening symptoms and pain levels. You should also record how your worsening symptoms impact your daily activities and ability to do basic tasks.
- Notify SSA of Any New Doctors Treating You: Be sure the SSA has the most recent list of your treating physicians, including specialists, and how to contact them.
Will My Benefits Increase if My Condition Gets Significantly Worse?
It is important to understand that the SSA will not increase your benefits just because your condition gets worse. Your SSDI benefits payments are calculated based on your work history and Social Security taxes you paid before you became disabled. Even if your condition becomes significantly more limiting, your monthly SSDI payment will remain the same throughout the time you receive benefits.
A worsening condition may not get you higher benefits payments. However, keeping the SSA informed about your medical status protects your eligibility to continue receiving benefits.
How Your Benefits Might Increase with a Worsening Condition
If you have a limited income, your worsening condition may help you to qualify for Supplemental Security Income (SSI), increasing your total benefits payments. If you are eligible, you may be able to receive both SSDI and SSI benefits, called “concurrent benefits” at the same time.
How Often Social Security May Reevaluate Your Disability
The SSA conducts ongoing disability reviews to make sure you are still eligible to receive benefits. How often these reviews occur depends on your specific condition and estimated prognosis.
If your condition is expected to improve, the SSA typically schedules reviews about every six to eighteen months. For conditions that may improve but are not expected to do so soon, a reevaluation may occur about every three years. For conditions not expected to improve, reevaluations may occur every five to six years.
Notifying the SSA that your condition has worsened may extend the length of time between reviews if the medical evidence you send demonstrates your continued/worsening disability. The SSA may also request a reevaluation of your situation if they receive information that your condition may have improved.
Documentation to Include When Reporting a Worsening Condition
When reporting a worsening disability to the SSA, you want to be sure the medical documentation you provide is comprehensive. Solid medical evidence helps the SSA fully understand your condition and the overall impact it has on your life.
Some examples of documentation you may need to include:
- Recent Medical Records: Include all doctor visits, any hospital stays, or treatment records over a six-month period that document your worsening condition.
- Updated Diagnostic Tests: Provide recent lab results, imaging studies, or any other diagnostic tests that show the progression of your disability.
- Statements From Treating Physicians: Obtain written statements from your treating doctors explaining how your condition has worsened and what impact it has had on your ability to function throughout the day.
- New Prescription Records: Document new medications or changes to existing prescriptions, including increased dosages or new treatments prescribed for your worsening condition.
- Specialist Reports: Include evaluations from new specialists you have seen – or updated reports from newer evaluations from existing specialists treating your condition.
- Functional Capacity Assessments: Request updated assessments from your healthcare providers detailing your current physical or mental limitations.
- Treatment Plans: Provide documentation of any new treatment approaches, therapies, or medical interventions required due to condition changes.
- Emergency Room Records: Include records from any emergency department visits related to your worsening disability.
Why Seek Legal Help From Our Disability Attorneys in Appleton
Our Appleton disability attorneys understand the complex Social Security system and can help you update your application if your condition worsens or navigate the appeals process if your application has been denied. We know what medical evidence is needed and can help you avoid common mistakes that could jeopardize your application or existing benefits.
Worried about the cost? Don’t be. At Sigman Janssen, we take SSDI benefits claims on a contingency fee basis. This means you pay no upfront fees or out-of-pocket costs to hire our firm.
Call Sigman Janssen today to get started. (877) 888-5201