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Continuing Disability Reviews – What You Need to Know

continuing disability reviewWhen you are approved for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), that approval is not necessarily permanent. SSA is putting increasing efforts into conducting Continuing Disability Reviews (CDRs) to determine whether you still meet the medical criteria for disability. Members of Congress – both Democrat and Republican – are encouraging SSA to conduct more reviews because the Social Security trust fund is running out of money and they see CDRs as a tool to keep the disability trust fund solvent, and to avoid making difficult political decisions about actually fixing the problem.

In this post, I will explain what a CDR is, how the process works, the strategic decisions you must make if you receive a notice of intent to terminate benefits, and how ongoing medical treatment is your strongest line of defense.

 

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How Does Disability Termination Work and am I at Risk of Losing my Benefits?

As you probably know, Social Security uses a process called “continuing disability review” (CDR) to evaluate approved SSDI and SSI claimants for medical improvement.

If Social Security determines that your medical or mental health condition has improved to the point where you could return to work, they will move to terminate your benefits. If you receive notice of termination you have the right to appeal and eventually to appear before an administrative law judge for a determination of whether you remain disabled under SSA’s rules.

The appeal process is beyond the scope of this article but I do want to emphasize one important issue – if you do receive notice of termination you have to notify SSA within ten (10) days of that notice if you want your benefits to continue while you appeal. If you do nothing, your benefits will terminate and your appeal (which could take a year or longer) will be for the purpose of restarting benefits.

If you choose to have benefits continue, there will be no “past due benefits” so you will not be able to hire a lawyer to assist you under a contingency fee contract. If benefits are terminated, you should be able to find a lawyer to represent you under a contingency fee, but you will have no income for the next year or so. Continue reading →

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