Monday, June 10, 2013

WHAT IS A CONTINUING DISABILITY REVIEW?

As a Social Security Lawyer, I am frequently asked whether a person's eligibility for benefits is ever reviewed again sometime after benefits have been granted.  In Connecticut and Massachusetts many Social Security claimants mistakenly believe that Social Security benefits are “permanently” granted to claimants.  I must caution Social Security Disability beneficiaries that this notion is incorrect.

Social Security periodically reviews your disability or blindness to decide if you are still disabled or blind. If you are no longer disabled or blind, Social Security will stop your benefits.

Social Security calls this review a Continuing Disability Review (CDR). As a Social Security Disability Lawyer in Connecticut and Massachusetts, I often get nervous calls from Social Security Disability beneficiaries who act totally surprised when they get a “CDR” letter from Social Security. 
It is important to note that the law requires the SSA to perform a medical CDR approximately every three years, unless the agency determines that you have a condition that is expected to improve sooner than that. However, if you have a condition that is not expected to improve, the SSA will still review your case, but not as often as every three years.

WHAT HAPPENS TO YOUR CHILDHOOD DISABILITY AT AGE 18?
If you are eligible as a child, during the month before the month you attain age 18, Social Security will redetermine whether you are disabled. When Social Security does the CDR at age 18, it uses the rules used for adults who are filing new applications for SSI.
If you have any questions about a continuing disability review you should consult with a Social Security Disability Lawyer.  As you all know, I am always available for a free initial consultation on Social Security Cases in Connecticut and Massachusetts.