Latest / FLG Disability Insights / When Social Security Ends Benefits, What Evidence Must Change?
Transcript
- When Social Security ends disability benefits, the key question is not simply whether the record contains newer evidence. The real question is: what medically changed since the agency last found the person disabled? Welcome to FLG Disability Insights. I’m Nick Feden of Feden Law Group. In Fikes versus Social Security Administration, a claimant had received a favorable disability determination in January 2020 based on intellectual disorder. That decision relied on examinations from 2015 and January 2020. The agency later found that his disability ended in April 2022. The administrative law judge discussed newer evidence in detail, including evidence that Fikes drove, worked on cars, and socialized. The decision also mentioned findings from the earlier medical evaluations. But the federal court found that mentioning both periods was not enough. The decision did not meaningfully compare the symptoms, signs, or testing that supported the earlier disability finding with the later evidence, or explain how those features had improved. The ALJ also used the wrong date for the earlier favorable decision. The court explained that even if the date error could be treated as harmless, it did not solve the more basic problem: the missing comparison. That comparison matters because a continuing disability review is different from an initial disability application. Under the framework applied in this case, medical improvement required an examination of changes in medical severity since the most recent favorable determination. The regulations include exceptions, so this decision does not mean benefits can never end without a finding of medical improvement. The Northern District of Alabama reversed and sent the case back for further proceedings. The court did not decide that Fikes remained disabled, and it did not reach his other arguments. A remand creates an opportunity for the agency to conduct the required evaluation. It is not an automatic reinstatement or award of benefits. This is also a fact-specific district court decision, not a nationwide binding rule. For someone facing a benefits cessation, the practical takeaway is to build a side-by-side record. Locate the most recent favorable decision and the evidence that supported it. Then compare the same functions over time. If earlier testing documented problems with attention, memory, or judgment, identify what the later examinations say about those same areas. Describe activities such as driving or socializing with their frequency, assistance, and limitations. And read the agency’s explanation closely: saying old evidence was considered is different from explaining what medically improved. Visit FedenLawGroup dot com and try FLG Case Analyst Beta. Get a full report generated by an attorney-trained, cutting-edge AI model, then connect with our firm about your next step. This podcast provides general information, not legal advice. I’m Nick Feden. Thanks for listening to FLG Disability Insights.