The Social Security Administration has long been known for attempting to terminate disability benefits to beneficiaries (those who have been approved for benefits).
In 1984 President Reagan signed the Social Security Disability Benefits Reform Act of 1984. This law placed two important protections in place for disability benefit receipients:
(1) There must be significant medical improvement before benefits may be terminated; and
(2) the beneficiary must now be able to engage in substantial gainful activity (work).
A "Continuing Disability Review" (CDR) is a process whereby Social Security reviews an individual who is receiving disability benefits to determine whether the benefits should now be terminated. Most individuals who are under age 50 can expect a CDR about every 3 years. However, due to lack of funding, Social Security has not been able to conduct as many CDRs as they were supposed to. Congress has fixed that now by allocating almost one half a billion dollars for Continuing Disability Reviews.
There is also impetus in the Congress to amend the 1984 law and get rid of the "substantial medical improvement" requirement to terminate benefits. In short, some members of Congress believe it should be easier to terminate disability benefits, even when there has been no medical improvement since the benefits were awarded.
In short, if you are receiving Social Security disability and are under 50, expect a CDR about every 3 years. More and more of these CDRs are resulting in the termination benefits. Here are some things to keep in mind if you are victim of a Continuing Disability Review and receive a notice that your benefits are about to be terminated (and you must get a written notice before benefits are stopped):
A. Be sure that you continue to get regular medical checkups and your doctor documents all of your conditions, including pain and any mental conditions, such as anxiety, depression, insomnia, etc. try to follow prescribed medical treatment. Social Security will review your medical records during your CDR to determine whether you still have severe medical or mental impairments. If you haven't been seeing your doctor, they may assume you have improved.
B. File a written appeal with 10 days of receiving the notice, if you want your benefits to continue pending the outcome of the appeal. This is not automatic, you have to ask for it. Note that you have 60 days to file the appeal but after 10 days you lose the right to continue receiving your check during the appeal. Use Form SSA-789-UR: Request for Reconsideration - Disability Cessation - Right to Appear. If you lose the appeal you will probably have to repay the benefits you received during the appeal.
In another article, I am going to discuss "Why It is Difficult to Get Representation for a CDR." You may want to read this if you are facing a Continuing Disability Review. (The Article is on this same website).
In 1984 President Reagan signed the Social Security Disability Benefits Reform Act of 1984. This law placed two important protections in place for disability benefit receipients:
(1) There must be significant medical improvement before benefits may be terminated; and
(2) the beneficiary must now be able to engage in substantial gainful activity (work).
A "Continuing Disability Review" (CDR) is a process whereby Social Security reviews an individual who is receiving disability benefits to determine whether the benefits should now be terminated. Most individuals who are under age 50 can expect a CDR about every 3 years. However, due to lack of funding, Social Security has not been able to conduct as many CDRs as they were supposed to. Congress has fixed that now by allocating almost one half a billion dollars for Continuing Disability Reviews.
There is also impetus in the Congress to amend the 1984 law and get rid of the "substantial medical improvement" requirement to terminate benefits. In short, some members of Congress believe it should be easier to terminate disability benefits, even when there has been no medical improvement since the benefits were awarded.
In short, if you are receiving Social Security disability and are under 50, expect a CDR about every 3 years. More and more of these CDRs are resulting in the termination benefits. Here are some things to keep in mind if you are victim of a Continuing Disability Review and receive a notice that your benefits are about to be terminated (and you must get a written notice before benefits are stopped):
A. Be sure that you continue to get regular medical checkups and your doctor documents all of your conditions, including pain and any mental conditions, such as anxiety, depression, insomnia, etc. try to follow prescribed medical treatment. Social Security will review your medical records during your CDR to determine whether you still have severe medical or mental impairments. If you haven't been seeing your doctor, they may assume you have improved.
B. File a written appeal with 10 days of receiving the notice, if you want your benefits to continue pending the outcome of the appeal. This is not automatic, you have to ask for it. Note that you have 60 days to file the appeal but after 10 days you lose the right to continue receiving your check during the appeal. Use Form SSA-789-UR: Request for Reconsideration - Disability Cessation - Right to Appear. If you lose the appeal you will probably have to repay the benefits you received during the appeal.
In another article, I am going to discuss "Why It is Difficult to Get Representation for a CDR." You may want to read this if you are facing a Continuing Disability Review. (The Article is on this same website).
The most effective protection you have against loss of benefits is regular medical care and compliance with your doctor's treatment plan. See your doctor regularly and take your medicine. A major cause for loss of disability checks is not going to the doctor, or not following medical advice. If you do get a Continuing Disability Review (which you will sooner or later), ask your doctor to write a letter to Social Security stating (a) you are still under treatment and following medical advice and (b) have not had significant medical improvement since (date of your award or date of your last review). It is very difficult for Social Security to argue with your doctor about whether you have improved or not. Caution: You must take the bull by the horns and submit the letter. Don't rely on your doctor's office to do it--because 9 times out of 10 they will not, even if they promise they will.
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