How Long Does It Take for a Social Security Disability Review
Acquire more well-nigh social security disability:
- What is a continueing disability review
- How long will a review accept?
- Do you demand a inability benefits lawyer to help?
If you receive Social Security Disability (SSD) or Supplemental Security Income (SSI) benefits through the Social Security Administration (SSA), yous are already familiar with how complex the process can exist. Applying for, and being awarded benefits can take a substantial corporeality of time, and more often than not requires significant documentation of your disability and functional limitations causing your disability to work.
In one case you obtain benefits, that is not the end of the procedure. The SSA is required to periodically review the case of every person receiving SSD or SSI benefits. This is known equally a continuing disability review (CDR). If Social Security finds during a CDR that your impairments accept improved to the extent that you are able to work, then yous will no longer be eligible to receive disability benefits.
The idea of a CDR may seem daunting, specially later on a hard-fought battle to obtain benefits. All the same, information technology is mostly harder for Social Security to terminate your benefits than to deny them in the first place, so information technology can exist easier to become through a CDR than it was to exist granted initial benefits.
For example, in 2014 , 937,023 CDRs were completed for people with disabilities, and only 12,305 benefits were terminated as a result.
As a Philadelphia disability benefits lawyer explains, understanding the process and what information the SSA is seeking can help dispel any fears virtually a CDR.
What Is a Continuing Disability Review?
A CDR is a process by which the SSA analyzes your medical impairment(s) to determine if yous 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 blind, then your benefits will terminate.
During a CDR, the SSA will review information about your disability. Information technology is required to perform a CDR at least once every iii years unless you have a medical condition that is expected to ameliorate sooner. If you take a medical condition that is non expected to amend, then your case may only be reviewed once every vii years. Judges can also ready different timelines for review when awarding a case, requesting that the Administration re-review a case in every bit little every bit twelve months after an accolade.
If your status is not expected to improve, and so the SSA will send you lot the Disability Update Study when your claim is beingness reviewed. This is a short 2-folio report that you are required to consummate and return to the SSA. Otherwise, yous will be sent the more detailed "Standing Inability Review Report," which is x pages long.
In the Continuing Disability Review Report, the SSA will request data such equally whether you have seen a medico or been hospitalized in the past year, if you lot accept had whatsoever recent tests, and if y'all have been working. The SSA will also enquire for whatsoever updated medical testify from the by 12 months. Mostly, the review will cover the previous year, although the SSA can wait dorsum to the bespeak when you were initially granted benefits.
Beyond medical information, the SSA will besides review your income, living arrangements and living arrangements to make sure that yous encounter other program requirements. For children, the SSA may perform a CDR at least in one case every 3 years if they expect the kid's condition to improve. They may still initiate a CDR if they do not expect the kid's status to improve.
How Long Will a Standing Disability Review Accept?
The length of the CDR process depends in big part on whether you receive the short Inability Update Report or the longer Continuing Inability Review Report. The curt-course mailer is a scannable form, and is used equally a footing to determine whether or non SSA will bear a CDR. If yous receive a short-course mailer, so you get a response informing y'all of whether SSA will practise a total review of your disability benefits.
However, if you receive the longer Continuing Disability Review Report, so y'all will be undergoing a CDR. This form will take some time for you to make full out, as you will need to respond to questions most your daily activities, visits with doctors and any tests or trips to the infirmary or other medical centers. One time y'all send in this report, the SSA volition conduct a full medical review of your instance.
In some cases, beneficiaries who initially received the short-class mailer will be flagged for a CDR. They will so receive the longer Continuing Inability Review Report, and take to undergo a total medical review.
This process typically takes five to vi months or longer. This may occur randomly, and then, but considering you receive the longer class rather than the shorter does not hateful that Social Security is planning to end your benefits.
While some of this process is, indeed, random, SSA determines who receives which mailer based on a system of marking recipients as high, medium or depression contour. If you have a "low" profile, you are less likely to show medical improvement and probably will non have to go through a CDR. Profile is determined by looking at a number of factors, such every bit your impairment, age, recent earnings (if whatever), and how long you have been earning benefits.
The vast majority of periodic CDRs do not issue in a total review. In 2014, 937,023 CDRs were processed past the SSA for people receiving disability benefits. Of those, 683,005 (72.8%) involved mailers only, while just 180,706 led to full medical reviews. Equally noted to a higher place, only a small sub-group of those resulted in termination.
Related: Social Security Disability Hearings and Appeals Offices in NJ And PA
What is the Standard for Evaluating Medical Improvement?
Evaluating "Medical Improvement," during a continuing disability review is dissimilar from the 5-step sequential evaluation process Social Security uses when evaluating whether or not you are disabled.
During a CDR, Social Security will use the Medical Improvement Review Standard (MIRS), except in very few cases where Social Security applies an exception and determines that the individual would not or should non have e'er been institute disabled in the first place. Interestingly, Social Security was audited with a report issued on June 6, 2019, showing that information technology was misusing the exceptions (other than failure to cooperate with the review) to improperly terminate several claimants.
While the problems were afterward 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 atomic number 82 to incorrectly ceasing beneficiaries' payments and/or unnecessary appeals." Social Security agreed.
When using the MIRS it is Social Security's brunt to "show that you lot are currently able to engage in substantial gainful activity before we can find that you are no longer disabled. This ways that Social Security must not only decide that you have medically improved, but also that the improvement is related to the power to work.
In guild to reach this conclusion, Social Security will make a "comparison signal conclusion," where they will compare your limitations at the fourth dimension of the about contempo favorable decision on your claim with your current limitations.
So, for example, if you lot were constitute disabled because you could merely stand and walk for one hour in an eight-hour day, but at present you are able to stand and walk for four hours, and as a result, can at present consummate a full workday, Social Security may find you lot have had medical improvement related to your ability to work, and tin return to piece of work.
On the other paw, if Social Security finds that you are in less pain, merely still can simply stand and walk for one hour, then even though you have had medical comeback (you're in less hurting), information technology is not related to your ability to work, and your benefits would continue.
Because information technology is Social Security's brunt to testify you are able to return to work, it is harder to lose your benefits than to gain them, since you are initially responsible for proving that you are disabled. That said, disability cessations can happen.
What to practice 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 land your desire to keep your benefits within ten days. If you practice not do this, and appeal inside the sixty-twenty-four hour period appeal menstruum instead, Social Security will stop your benefits while you entreatment.
You lot may be able to get this money back if you are successful. On the other hand, if you are not successful in your appeal, you lot may accept to pay the benefits y'all received while y'all 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, information technology is critically important that yous do not expect to appeal, or to get help appealing if needed.
What Might Trigger a CDR?
There are a number of events that may initiate the CDR process. First, the Social Security Administration (SSA) will automatically send out a CDR if your disability is not permanent. The timing of this CDR is based on the likelihood of medical improvement:
-Expected to improve: within 6 to xviii months after initial approval;
-Possible medical improvement: every three years; and
-Non expected to improve: every v to 7 years.
2nd, certain 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 you accept completed services;
-A report from a treating provider that you are not disabled, not following prescribed handling, or have returned to work; or
-A report from some other 3rd party that your status is improving, that you are not complying with a treatment plan, or that yous accept returned to work.
If y'all have a question well-nigh whether a item activity may trigger a CDR, accomplish out to a New Jersey disability benefits attorney.
What Happens If I Don't Reply to the CDR Discover?
If you receive a CDR from the SSA and practise not respond to it, then your Social Security disability benefits will be terminated. While getting a CDR can be scary if you are not expecting it, this notice does not hateful that yous are going to lose your CDR benefits. Instead, it is simply request for data to verify that your disability is ongoing and you are still unable to piece of work.
The majority of adults who receive a CDR continue to receive their benefits. The best style to brand certain that your benefits go on is to respond to the CDR, and submit any show requested by the SSA. If you need more time to respond to the CDR, contact the SSA and ask for an extension.
Tin 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 than two months unless you file an entreatment and ask for your benefits to go on. To practise so, you will need to submit a Asking for Reconsideration inside lx days of receiving your notice of deprival.
If this request for reconsideration is denied, you can then ask for a hearing with an Administrative Law Judge (ALJ). As with filing a Asking for Reconsideration, y'all can ask to have your benefits go on while the appeal is pending. If the ALJ denies your appeal, then you can ask for a hearing with the Appeals Quango; yet, at this betoken, the SSA will not keep your benefits.
Chiefly, if your appeal is not successful, the SSA will assess an overpayment claim and ask y'all to pay the benefits back. A New Jersey disability benefits lawyer can help you challenge this overpayment claim or request a waiver.
How a Philadelphia Disability Benefits Lawyer Can Assist
Fifty-fifty after you take been awarded disability benefits, at that place are still hurdles to maintaining your condition with the SSA. Learning about the CDR process tin help you exist ameliorate prepared for a periodic review. If you are selected for a longer grade report or for a full medical review, a Philadelphia inability benefits lawyer can work with you to help you put together a strong case for continued benefits.
The law house 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 us today at (856) 795-8880, or reach 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'south veteran's police practice and substantially grew the social security disability practice, focusing Bross & Frankel'due south ability to fight for all of the disability benefits available to his clients.
Mr. Frankel additionally fights for clients in courtroom, obtaining frequent victories in Social Security appeals and against insurance companies in Federal court.
Source: https://brossfrankel.com/2019/07/14/continuing-disability-review-cdr/
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