How Long Does a Social Security Disability Review Take
Learn more than most social security disability:
- What is a continueing inability review
- How long will a review take?
- Practise you demand a disability benefits lawyer to help?
If you lot receive Social Security Disability (SSD) or Supplemental Security Income (SSI) benefits through the Social Security Administration (SSA), you are already familiar with how complex the process can be. Applying for, and being awarded benefits tin can take a substantial amount of time, and by and large requires significant documentation of your disability and functional limitations causing your disability to work.
Once you lot obtain benefits, that is non 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 as a continuing disability review (CDR). If Social Security finds during a CDR that your impairments take improved to the extent that you are able to work, and then you volition no longer be eligible to receive disability benefits.
The idea of a CDR may seem daunting, particularly after a hard-fought battle to obtain benefits. However, it is mostly harder for Social Security to cease your benefits than to deny them in the outset identify, and so it tin be easier to get through a CDR than it was to be granted initial benefits.
For example, in 2014 , 937,023 CDRs were completed for people with disabilities, and but 12,305 benefits were terminated as a result.
Equally a Philadelphia disability benefits lawyer explains, understanding the process and what information the SSA is seeking can aid 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 keep to have a disabling condition that qualifies you lot for disability benefits. If the SSA finds that your condition has improved and yous are no longer disabled or bullheaded, then your benefits will end.
During a CDR, the SSA will review information about your disability. Information technology is required to perform a CDR at to the lowest degree once every 3 years unless yous have a medical condition that is expected to better sooner. If you accept a medical condition that is non expected to improve, then your case may simply be reviewed once every 7 years. Judges can as well gear up unlike timelines for review when awarding a case, requesting that the Administration re-review a example in as petty as twelve months after an award.
If your condition is not expected to improve, then the SSA will send you the Disability Update Written report when your merits is being reviewed. This is a short 2-page report that you are required to complete and return to the SSA. Otherwise, you will be sent the more than detailed "Continuing Disability Review Report," which is 10 pages long.
In the Continuing Disability Review Study, the SSA volition asking information such every bit whether you have seen a doc or been hospitalized in the past twelvemonth, if you lot have had any recent tests, and if you have been working. The SSA will also enquire for any updated medical evidence from the past 12 months. Generally, the review volition embrace the previous year, although the SSA can await back to the betoken when you were initially granted benefits.
Beyond medical data, the SSA will too review your income, living arrangements and living arrangements to make sure that you come across other program requirements. For children, the SSA may perform a CDR at to the lowest degree once every 3 years if they expect the child's condition to improve. They may still initiate a CDR if they do not look the child's condition to improve.
How Long Will a Continuing Disability Review Take?
The length of the CDR process depends in big office on whether you lot receive the short Disability Update Study or the longer Standing Disability Review Report. The short-form mailer is a scannable course, and is used as a basis to determine whether or not SSA will conduct a CDR. If you receive a short-class mailer, and then you go a response informing you of whether SSA will practise a full review of your inability benefits.
However, if yous receive the longer Continuing Disability Review Study, so you will be undergoing a CDR. This course will take some time for you lot to make full out, as you will need to reply to questions almost your daily activities, visits with doctors and whatsoever tests or trips to the infirmary or other medical centers. Once you ship in this study, the SSA will behave a total medical review of your case.
In some cases, beneficiaries who initially received the short-form mailer will be flagged for a CDR. They will then receive the longer Continuing Disability Review Study, and take to undergo a total medical review.
This process typically takes 5 to vi months or longer. This may occur randomly, then, only because you receive the longer form rather than the shorter does not hateful that Social Security is planning to terminate your benefits.
While some of this process is, indeed, random, SSA determines who receives which mailer based on a organisation of marking recipients every bit high, medium or low profile. If you take a "depression" profile, you lot are less likely to prove medical improvement and probably volition not have to go through a CDR. Profile is determined by looking at a number of factors, such every bit your damage, age, recent earnings (if any), and how long yous accept been earning benefits.
The vast bulk of periodic CDRs do not effect in a full review. In 2014, 937,023 CDRs were candy by the SSA for people receiving disability benefits. Of those, 683,005 (72.8%) involved mailers merely, while but 180,706 led to full medical reviews. As noted above, only a small sub-group of those resulted in termination.
Related: Social Security Inability 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 different from the five-step sequential evaluation process Social Security uses when evaluating whether or not you are disabled.
During a CDR, Social Security will use the Medical Comeback Review Standard (MIRS), except in very few cases where Social Security applies an exception and determines that the individual would not or should non accept ever been plant disabled in the first place. Interestingly, Social Security was audited with a report issued on June vi, 2019, showing that it was misusing the exceptions (other than failure to cooperate with the review) to improperly terminate several claimants.
While the bug were later corrected on appeal, Social Security was admonished to "ensure new and existing DDS staff are properly trained in the right use of MIRS exceptions since errors can lead to incorrectly ceasing beneficiaries' payments and/or unnecessary appeals." Social Security agreed.
When using the MIRS information technology is Social Security's brunt to "show that you are currently able to appoint in substantial gainful activity before we can find that you are no longer disabled. This means that Social Security must not simply determine that yous take medically improved, simply likewise that the improvement is related to the ability to piece of work.
In guild to reach this conclusion, Social Security volition make a "comparison bespeak decision," where they will compare your limitations at the time of the about recent favorable decision on your claim with your current limitations.
So, for example, if yous were establish disabled because you could simply stand and walk for one 60 minutes in an eight-hour twenty-four hours, but at present y'all are able to stand and walk for four hours, and as a issue, tin now complete a full workday, Social Security may discover you accept had medical improvement related to your ability to piece of work, and can render to piece of work.
On the other hand, if Social Security finds that you are in less pain, but nevertheless can simply stand up and walk for one 60 minutes, then fifty-fifty though you accept had medical improvement (you're in less pain), it is not related to your power to work, and your benefits would go along.
Because it is Social Security's burden to prove you are able to return to work, it is harder to lose your benefits than to proceeds them, since you are initially responsible for proving that y'all are disabled. That said, disability cessations can happen.
What to do if SSA terminates your benefits
Yous may elect to have your benefits continued while you appeal merely yous must human action fast! You must appeal and country your want to go along your benefits within 10 days. If you do not do this, and appeal within the threescore-day appeal catamenia instead, Social Security will stop your benefits while y'all appeal.
You lot may exist able to get this coin 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 you appealed back to the government. This is why this is a pick Social Security provides, rather than an automatic continuation or abeyance of benefits.
Either way, information technology is critically of import that you do not wait to appeal, or to become help highly-seasoned 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 non permanent. The timing of this CDR is based on the likelihood of medical comeback:
-Expected to improve: within 6 to 18 months afterward initial approval;
-Possible medical improvement: every 3 years; and
-Non expected to ameliorate: every five to 7 years.
2d, sure events might trigger a CDR. This may include:
-Returning to work;
-A voluntary study that your medical condition is improving;
-A report from a vocational rehabilitation agency that you have completed services;
-A report from a treating provider that you are non disabled, non following prescribed treatment, or have returned to piece of work; or
-A report from another 3rd party that your condition is improving, that you are not complying with a treatment program, or that you take returned to piece of work.
If y'all take a question most whether a detail activity may trigger a CDR, achieve out to a New Bailiwick of jersey disability benefits chaser.
What Happens If I Don't Respond to the CDR Notice?
If you receive a CDR from the SSA and do non reply to it, then your Social Security disability benefits will be terminated. While getting a CDR tin be scary if you are non expecting it, 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 disability is ongoing and you are nevertheless unable to work.
The majority of adults who receive a CDR continue to receive their benefits. The best way to make sure that your benefits go along is to respond to the CDR, and submit whatsoever evidence requested by the SSA. If you demand more fourth dimension to respond to the CDR, contact the SSA and inquire 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 than than two months unless you file an appeal and ask for your benefits to continue. To do and so, you will need to submit a Request for Afterthought within 60 days of receiving your notice of deprival.
If this request for afterthought is denied, you tin then enquire for a hearing with an Authoritative Law Judge (ALJ). Every bit with filing a Request for Reconsideration, you tin enquire to take your benefits continue while the appeal is pending. If the ALJ denies your appeal, and then yous can ask for a hearing with the Appeals Council; however, at this point, the SSA will non continue your benefits.
Importantly, if your appeal is not successful, the SSA will appraise an overpayment merits and enquire you to pay the benefits dorsum. A New Jersey disability benefits lawyer tin assist you challenge this overpayment claim or asking a waiver.
How a Philadelphia Disability Benefits Lawyer Can Help
Fifty-fifty after you have been awarded inability benefits, there are all the same hurdles to maintaining your status with the SSA. Learning most the CDR process can help you be improve prepared for a periodic review. If you are selected for a longer class study or for a total medical review, a Philadelphia disability benefits lawyer can work with you to help y'all put together a strong case for connected benefits.
The law firm of Bross & Frankel aggressively advocates for individuals with disabilities. With offices in both New Bailiwick of 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 confined. He has focused exclusively on disability and social security benefits since 2005.
Mr. Frankel joined what is at present Bross & Frankel after having watched his father struggle with disability, fighting a lengthy illness. Mr. Frankel founded the firm's veteran'south police do and essentially grew the social security inability practice, focusing Bross & Frankel's 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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