If you are receiving disability benefits, the Social Security Administration (SSA) is required by law to conduct periodic checks of your medical condition to determine if you still meet disability standards and therefore are still eligible for disability benefits. These evaluations of a person's disability status are called Continuing Disability Reviews (CDRs) and are conducted at different times for different reasons, depending on your age, medical condition, and other factors.
If you are an adult, your disability status will be set for review every six months to seven years, depending on the likelihood (in the government’s view) that you will get better.
- If your condition is expected to improve, your case will likely be reviewed every 6 months to 2 years.
- If the SSA believes it is possible that your medical condition may improve, your case will likely be reviewed at least every 3 years.
- If your medical condition is not expected to improve, then your case will likely be reviewed every 7 years.
Until recently CDRs were processed by State Disability Determination Services, but now the Social Security Administration is transitioning the processing of CDRs to its federal processing site called Disability Case Review (DCR). The agency says bringing the reviews in-house at one location will make the process more efficient. Social Security Commissioner Frank J. Bisignano stated that “[b]y centralizing medical continuing disability reviews under Social Security, we are taking another important step towards operational excellence, reducing improper payments, and providing best-in-class service to Americans in critical need of support.”
So, what does this mean for you if you are receiving disability benefits? At this time, not much. Disability reviews will continue to be processed using the same criteria, just by a different government office.
And our advice for dealing with CDRs hasn’t changed. If you receive notice of a CDR, don’t panic. The notice will be accompanied by a form. Absolutely the best course of action is to fill out the form completely and send it back promptly. Be honest in your answers, focusing on how your medical conditions continue to affect your ability to complete your daily activities independently, but also prevent you from working full-time, day in and day out.
It is important to remain in treatment and respond in time to the CDR correspondence. Failure to respond often happens because the individual moved and didn’t update their address with SSA. The second most frequent issue with benefit interruptions is work and earnings. If you return to work, even a little bit, you need to keep track of your pay stubs and report your earnings to Social Security. Many callers will say that they provided SSA with a W2 or 1099, which is not specific enough; Social Security needs to see proof of month-to-month income.
Remaining in treatment for the health problems that resulted in your disability award is also important. If a CDR is conducted and you have not seen the doctor for some time, SSA may believe that your condition improved. There will also be no evidence of your ongoing limitations. Understanding what medical impairments led to your original approval, and establishing ongoing care for them, can help if and when you are faced with a CDR.
If, as a result of the Continuing Disability Review process, SSA says you are no longer eligible for benefits, you can appeal the decision, but you must do so within 10 days to keep your benefits while your appeal is pending.
Are you are disabled, unable to work, and are considering applying for Social Security disability benefits or have you applied but were turned down? The disability lawyers at Cuddigan Law are your go-to experts on Social Security Disability law. Contact us for a free evaluation of your disability case and to learn how we can help you win the disability benefits you have rightfully earned. If you choose to hire us, we only get paid when you win your case.
