CONTINUING DISABILITY REVIEWS: PROTECT YOURSELF

Social Security will conduct Continuing Disability Reviews (CDRs) periodically to determine whether beneficiaries continue to be disabled and whether they should continue to get disability payments and benefits.  These reviews are typically held in two or three year intervals.  The burden of proving that you are still disabled requires some forethought.  Here are simple, effective things you can do.

• Continue to see your doctor(s) regularly and follow prescribed treatment regiments.  Going 12 months or longer without seeing a doctor is sure to cause problems. Social Security's belief is, if you are sick you will seek treatment.
• Keep a journal or notebook in which you write down the exact dates you visit each doctor, what treatment (s)he prescribed, changes to your prescriptions, etc.
• Keep a record of the dates of any medical tests, MRIs, X-rays, etc. and where they were conducted.  You will need this later in answering your review.
• Keep a careful record of any income you receive other than Social Security benefits--such as pension payments, investment income, annuities, bonuses, etc.  Any substantial extra money that shows up under your name may need to be explained.  It won't be a problem as long as it is not "earned income," i.e., substantial amounts of money you received as wages, tips or salary for work you performed.  But you should be able to explain what the money was for.
• If you get a request in the mail from Social Security to provide them with information, don't ignore it.  Complete all forms carefully and return them promptly.  A continuing disability review will not go away because you ignore it.  Just the opposite, ignoring it may cause your check to be terminated, at least temporarily.
• If, after a review, Social Security notifies you that you are not longer disabled and they intend to terminate your benefit, you have the right to appeal.  There are two options for this appeal, as explained below:

1. Option 1:  Appeal the decision in writing within 60 days.  This will NOT keep your check coming in during the appeal.  Your check will stop but will be restarted later if you win the appeal.  If you want to continue to receive your check during the appeal process, use Option 2 below.
2. Option 2:  Appeal within 10 days and ask that your benefit check continue during the outcome of the appeal.  Your check will continue during the appeal process.  However, if you are not successful in the appeal, Social Security may ask you to repay the benefits you received during the appeal.  Note that the deadline for this appeal is 10 days, not 60 days.  Also, you must specifically state in writing that you want to continue receiving your benefits during the appeal (This is not automatic).

Your job during a CDR is to demonstrate to Social Security that your medical condition has not substantially improved and that you are still not able to perform full-time remunerative work because of your impairment(s).  Social Security will rely upon (a) written statements from you and (b) evidence from your doctor(s) and medical providers to make the decision.  Again, a lack of treatment may be used to indicate medical improvement.

If you cannot afford a professional to assist you with your CDR paperwork, consider a family member, close friend, a community organization or a social service organization that may be able to help.  Finally, realize that most continuing disability reviews do not result in the termination of benefits.  CDRs are quite routine and need not cause undue alarm as long as they are responded to appropriately.  If a CDR does result in an unfavorable decision (stopping benefits), that decision may be appealed, as explained above.