11 Oct The Process & Frequency of a Continuing Disability Review
Imagine you have gotten over the first hurdle and have received notification from the Social Security Administration (SSA) that after months of trying to apply for Social Security Disability Insurance (SSDI) benefits, the SSA has approved your application. Now that you can start receiving benefits, you want to know what you will need to anticipate as far as keeping them. The SSA engages in a practice called a continuing disability review to determine whether a beneficiary is eligible to continue receiving disability benefits. Specifically, if the SSA finds the medical condition that qualified you to receive disability benefits has sufficiently improved, it will terminate your benefits.
What is the Process for a Continuing Disability Review?
If your disability benefits claim is up for review by the SSA, the SSA will either send you a Disability Update Report (the short form) or a Continuing Disability Review Report (the long form). Both forms are similar in that they ask about the nature of your illness/health condition, your medical visits over the past year, any hospitalizations, and any recent employment you have held. The SSA will generally send you the short form first if your condition is not expected to improve. On the other hand, if the SSA anticipates your condition could improve or if the answers to the short form alert the SSA that your condition has improved, the SSA will send you the more extensive form to complete.
Continuing Disability Reviews: Medical Improvement
The SSA will first decide whether you have experienced a medical improvement and if you have returned to work. If the answer to both of these questions is no, the continuing disability review is complete and your benefits will continue. If you have returned to work, the SSA will then determine if the improvement positively impacts your ability to work. If the SSA ultimately finds the improvement means you could return to work, they will notify you that your benefits will terminate. If you do not agree, you have the opportunity to appeal their decision. Alternatively, the SSA may find there is insufficient evidence to make a determination and decide you should undergo a consultative examination by a doctor, paid for by the SSA.
Frequency of a Continuing Disability Review for Adult Beneficiaries
The SSA will conduct a continuing disability review every three or seven years, depending on how likely it is that your condition will improve. If you suffer from a condition that is expected to medically improve or if you are a beneficiary who is less than 50 years old, the SSA may decide to conduct a CDR prior to three years. Similarly, if you have suffered from a permanent injury that is unlikely to improve, the SSA may opt to review your claim less frequently than every seven years.
Get Help From a Mt Pleasant SSDI Attorney
If you are worried that your benefits may soon be terminated due to an improvement in your medical condition, the experienced SSDI attorneys at Klok Law Firm LLC can help you evaluate your claim and assist with the appeal process if the SSA terminates your benefits.
Contact our Mount Pleasant office today for a consultation on your case.