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CAN SOCIAL SECURITY STOP YOUR CHECK?

Continuing Disability Reviews (CDR)

by Charles W. Forsythe

If you receive a Social Security cash benefit, you are required to report certain changes that occur.  20 CFR 404.1588 requires you to report to Social Security when
a) Your condition improves
b) You return to work
c) You increase the amount of your work; or
d) Your earnings increase

Social Security may conduct a review at any time to see if you continue to be disabled.  Social Security may schedule a "diary review" periodically to check on your eligibility to continue receiving benefits. These reviews can occur for any reason or for no apparent reason at all.  Many claimants get reviewed every 2 or 3 years.

 The following are examples of things that might otherwise cause you to be reviewed:

1) Substantial earnings are reported to your wage record.
2)  Improvements in medical technology or treatment raises the possibility of medical improvement.
3) Social Security gets information that you are not following prescribed treatment.
4)  You have returned to work.
5)  Your earnings have increased, if you work part-time.
6)  Someone in a position to know reports that you are no longer disabled, you are not following Social Security's regulations, or a question is raised about whether you continue to be disabled.

In order to terminate your benefits, Social Security must investigate and determine that you have made substantial medical improvement to a point that you are no longer disabled, or that you have returned to work.  An unfavorable decision (to terminate your check) can be appealed.  If you appeal within 10 days, you may continue to receive your check pending the outcome of the appeal (which may take months).  However, if you eventually lose the appeal, Social Security will consider any benefits they paid you during the appeal to be over-payments and will ask you to return the money.

You have the right to be represented during a review or appeal.  Finding an attorney/advocate to represent you with a Continuing Disability Review can be challenging, however.

Comments

  1. Charles W. ForsytheJune 18, 2017 at 8:38 PM

    The Congress is urging Social Security to conduct more Continuing Disability Reviews (CDRs) because it believes many people continue to receive checks after they stop being disabled. Expect to see more of these CDRs in the future. Best advice: See your doctor regularly and continue to follow the doctor's treatment plan.

    ReplyDelete

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