Reply #7: A few Comments

[happyslug]

First, while reviews are to take place as scheduled, but do to a lack of funds it is often longer then what is scheduled. Thus if you are told you will be reviewed, often it is longer then the time period stated. Thus if you are scheduled for a review every four years, you may not be reviewed for 6-10 years (If a review is done, which is more common than SSA would like people to believe). Furthermore given your age, I doubt such a review will occur, SSA prefers to spend its money on cases where there is a better change of ruling someone disabled. For details see below.

2. In any review the first test is "Has there been Medical Improvement?". If no improvement the review stops at that point. SSA can NOT relegate the prior determination of your disability. SSA must show that that you have improved, and the issue is the improvement has made you "Not Disabled" for Disability purposes.

3. You are now age 63, starting at age 50 the standards of review changes, making it harder for SS to rule you no longer disabled. At age 63, to be ruled NOT DISABLED, SS has to rule you can no longer do Heavy Labor. Sedentary labor no longer counts after you turn age 50, Light work no longer counts after age 55, and Medium work no long counts after age 60 (Unless it was a type of work you did full time for more then three months within the last 15 years, something I doubt). Remember my comment #1 above on "Medical Improvement". The test is NOT the same as when you were ruled disabled. At that time your past work was a factor. Today, if that past work is more then 15 year ago, it is no longer a factor, and all SS can use is Heavy Work (i.e. carrying 50 pounds frequently, 100 pounds occasionally). Such work requires working with others as a member of a "team". Your Bi-Polar probably cuts out such work as a team player, and thus most if not all Heavy labor.

4. As a writer above points out if you are ruled NO LONGER DISABLED, Appeal as soon as possible. You have only ten days to appeal AND KEEP BENEFITS. You have a 60 days to appeal, but if you do NOT appeal within 10 days you will lose your benefits until you have hearing and the ALJ rule you still disabled.