How Long Does It Take for a Continuing Disability Review to Be Processed

Larn more about social security disability:

• What is a continueing disability review
• How long will a review accept?
• Do you lot need a disability benefits lawyer to help?

If you receive Social Security Disability (SSD) or Supplemental Security Income (SSI) benefits through the Social Security Administration (SSA), you are already familiar with how circuitous the process can be. Applying for, and being awarded benefits can take a substantial amount of time, and generally requires significant documentation of your disability and functional limitations causing your disability to work.

Once yous obtain benefits, that is not the terminate of the process. The SSA is required to periodically review the instance of every person receiving SSD or SSI benefits. This is known as a standing disability review (CDR). If Social Security finds during a CDR that your impairments accept improved to the extent that you are able to work, so you will no longer be eligible to receive disability benefits.

The thought of a CDR may seem daunting, especially afterwards a difficult-fought battle to obtain benefits. Yet, it is generally harder for Social Security to end your benefits than to deny them in the commencement place, so it tin can exist easier to go through a CDR than information technology was to be granted initial benefits.

For instance, in 2014 , 937,023 CDRs were completed for people with disabilities, and only 12,305 benefits were terminated every bit a issue.

As a Philadelphia disability benefits lawyer explains, agreement the process and what information the SSA is seeking can help dispel whatever fears about a CDR.

What Is a Standing Disability Review?

A CDR is a process by which the SSA analyzes your medical impairment(s) to determine if y'all continue to accept a disabling condition that qualifies you for disability benefits. If the SSA finds that your condition has improved and you are no longer disabled or bullheaded, then your benefits will finish.

During a CDR, the SSA will review information almost your disability. It is required to perform a CDR at least one time every three years unless you lot accept a medical condition that is expected to improve sooner. If you take a medical status that is not expected to improve, then your case may only be reviewed once every 7 years.  Judges can also set different timelines for review when awarding a case, requesting that the Administration re-review a case in equally lilliputian equally twelve months after an honor.

If your condition is not expected to improve, so the SSA will send you the Inability Update Report when your claim is existence reviewed. This is a short 2-folio study that y'all are required to complete and return to the SSA. Otherwise, you volition be sent the more detailed "Continuing Disability Review Written report," which is ten pages long.

In the Continuing Inability Review Report, the SSA will request information such every bit whether you take seen a doctor or been hospitalized in the past year, if you have had any recent tests, and if you take been working. The SSA will also ask for whatever updated medical bear witness from the past 12 months. Generally, the review will embrace the previous yr, although the SSA tin look back to the point when you were initially granted benefits.

Beyond medical information, the SSA will also review your income, living arrangements and living arrangements to make sure that you see other program requirements. For children, the SSA may perform a CDR at least one time every 3 years if they await the child's condition to meliorate. They may still initiate a CDR if they exercise not look the child's status to improve.

How Long Will a Continuing Disability Review Have?

The length of the CDR procedure depends in large part on whether you receive the short Disability Update Report or the longer Continuing Disability Review Report. The short-form mailer is a scannable class, and is used as a basis to determine whether or not SSA volition conduct a CDR. If you receive a curt-form mailer, then you get a response informing you of whether SSA volition exercise a full review of your inability benefits.

Nevertheless, if you receive the longer Standing Disability Review Report, then you lot volition be undergoing a CDR. This form volition take some fourth dimension for you lot to fill out, as you lot will need to respond to questions almost your daily activities, visits with doctors and any tests or trips to the hospital or other medical centers. Once y'all send in this study, the SSA will conduct a total medical review of your case.

In some cases, beneficiaries who initially received the short-grade mailer will exist flagged for a CDR. They will then receive the longer Continuing Inability Review Report, and have to undergo a full medical review.

This procedure typically takes five to 6 months or longer.  This may occur randomly, and and so, just considering yous receive the longer class rather than the shorter does non mean that Social Security is planning to end your benefits.

While some of this procedure is, indeed, random, SSA determines who receives which mailer based on a system of marking recipients as high, medium or low profile. If you lot accept a "low" profile, you lot are less likely to show medical improvement and probably volition not have to go through a CDR. Profile is determined by looking at a number of factors, such equally your harm, age, recent earnings (if any), and how long you lot take been earning benefits.

The vast majority of periodic CDRs practise not result in a full review. In 2014, 937,023 CDRs were processed by the SSA for people receiving disability benefits. Of those, 683,005 (72.8%) involved mailers merely, while just 180,706 led to full medical reviews.  Equally noted above, but a minor sub-grouping of those resulted in termination.

Related: Social Security Disability Hearings and Appeals Offices in NJ And PA

What is the Standard for Evaluating Medical Comeback?

Evaluating "Medical Comeback," during a continuing inability review is dissimilar from the 5-step sequential evaluation procedure Social Security uses when evaluating whether or not you lot are disabled.

During a CDR, Social Security will employ the Medical Improvement Review Standard (MIRS), except in very few cases where Social Security applies an exception and determines that the individual would non or should not accept ever been found disabled in the first identify.  Interestingly, Social Security was audited with a study issued on June half-dozen, 2019, showing that it was misusing the exceptions (other than failure to cooperate with the review) to improperly end several claimants.

While the problems were later corrected on appeal, Social Security was admonished to "ensure new and existing DDS staff are properly trained in the correct use of MIRS exceptions since errors can lead to incorrectly ceasing beneficiaries' payments and/or unnecessary appeals."  Social Security agreed.

When using the MIRS it is Social Security'southward burden to "bear witness that you are currently able to engage in substantial gainful activity before we can find that you are no longer disabled.  This means that Social Security must not only make up one's mind that you take medically improved, just also that the improvement is related to the ability to work.

In society to reach this conclusion, Social Security will make a "comparing bespeak decision," where they will compare your limitations at the fourth dimension of the most recent favorable determination on your claim with your current limitations.

So, for example, if you were found disabled because yous could only stand up and walk for one hour in an eight-hour twenty-four hours, but now you are able to stand and walk for four hours, and as a result, can now complete a full workday, Social Security may detect y'all accept had medical improvement related to your ability to work, and tin return to work.

On the other paw, if Social Security finds that y'all are in less pain, but notwithstanding can but stand up and walk for one hour, then even though you have had medical improvement (you're in less hurting), it is non related to your ability to work, and your benefits would continue.

Because it is Social Security's burden to prove you are able to render to piece of work, information technology is harder to lose your benefits than to gain them, since you are initially responsible for proving that yous are disabled.  That said, inability cessations can happen.

What to do if SSA terminates your benefits

You may elect to have your benefits continued while you appeal but you must act fast!  You must appeal and state your desire to go along your benefits inside x days.  If you do not do this, and appeal inside the 60-24-hour interval appeal menstruation instead, Social Security will terminate your benefits while you lot appeal.

You may exist able to get this money back if you are successful. On the other hand, if you are not successful in your appeal, you may accept to pay the benefits you received while yous appealed back to the government.  This is why this is a choice Social Security provides, rather than an automated continuation or cessation of benefits.

Either style, it is critically of import that y'all practice non await to appeal, or to get help appealing if needed.

What Might Trigger a CDR?

In that location are a number of events that may initiate the CDR procedure. Offset, the Social Security Administration (SSA) will automatically send out a CDR if your inability is not permanent. The timing of this CDR is based on the likelihood of medical improvement:

-Expected to improve: inside 6 to 18 months later on initial blessing;
-Possible medical improvement: every 3 years; and
-Not expected to amend: every 5 to 7 years.

Second, sure events might trigger a CDR. This may include:

-Returning to work;
-A voluntary report that your medical condition is improving;
-A report from a vocational rehabilitation agency that y'all have completed services;
-A report from a treating provider that you are not disabled, not following prescribed treatment, or have returned to work; or
-A study from some other third party that your status is improving, that you are not complying with a treatment program, or that you have returned to work.

If yous accept a question about whether a particular action may trigger a CDR, attain out to a New Bailiwick of jersey disability benefits attorney.

What Happens If I Don't Answer to the CDR Find?

If you receive a CDR from the SSA and do not respond to it, then your Social Security inability benefits will be terminated. While getting a CDR can be scary if you are not expecting information technology, this notice does not mean that you are going to lose your CDR benefits. Instead, it is simply asking for information to verify that your inability is ongoing and you are even so unable to piece of work.

The bulk of adults who receive a CDR continue to receive their benefits. The best way to make sure that your benefits continue is to respond to the CDR, and submit any prove requested by the SSA. If you need more time to respond to the CDR, contact the SSA and enquire for an extension.

Can I Appeal a Negative CDR Finding?

If the SSA determines that you are no longer disabled based on a CDR, then your benefits will continue for no more 2 months unless you file an appeal and ask for your benefits to proceed. To exercise and then, you volition demand to submit a Request for Afterthought inside threescore days of receiving your find of denial.

If this request for reconsideration is denied, you lot can then ask for a hearing with an Administrative Law Judge (ALJ). As with filing a Request for Reconsideration, you lot can ask to have your benefits go on while the appeal is awaiting. If the ALJ denies your entreatment, then you can ask for a hearing with the Appeals Council; still, at this indicate, the SSA volition not continue your benefits.

Importantly, if your entreatment is not successful, the SSA volition assess an overpayment claim and ask you lot to pay the benefits back. A New Jersey disability benefits lawyer can aid you lot challenge this overpayment claim or request a waiver.

How a Philadelphia Inability Benefits Lawyer Tin can Help

Even after y'all have been awarded disability benefits, there are yet hurdles to maintaining your condition with the SSA. Learning nigh the CDR process tin can aid you exist ameliorate prepared for a periodic review. If yous are selected for a longer class written report or for a full medical review, a Philadelphia disability benefits lawyer tin can work with you to help you put together a strong case for continued benefits.

The police firm of Bross & Frankel aggressively advocates for individuals with disabilities. With offices in both New Jersey and Pennsylvania, we are well-equipped to assist clients throughout the Philadelphia metro region. Contact usa today at (856) 795-8880, or accomplish out online to schedule a free claim review.

Rich Frankel is the managing partner of Bross & Frankel. He is a member of the New Jersey and Pennsylvania bars. He has focused exclusively on inability and social security benefits since 2005.

Mr. Frankel joined what is now Bross & Frankel after having watched his father struggle with disability, fighting a lengthy affliction. Mr. Frankel founded the firm's veteran's constabulary practice and substantially grew the social security inability practice, focusing Bross & Frankel's power to fight for all of the disability benefits available to his clients.

Mr. Frankel additionally fights for clients in court, obtaining frequent victories in Social Security appeals and against insurance companies in Federal courtroom.

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Source: https://brossfrankel.com/2019/07/14/continuing-disability-review-cdr/#:~:text=In%20some%20cases%2C%20beneficiaries%20who,to%206%20months%20or%20longer.