PROTECT YOURSELF from CONTINUING DISABILITY REVIEWS

By Charles W. Forsythe The Forsythe Firm Huntsville Alabama

Once you are approved to get Social Security disability (SSDI) benefits, you are not totally "out of the woods."

Why? Because Social Security is very likely at some point to conduct a "Continuing Disability Review" or CDR. This review is conducted every 3 to 5 years to determine if you are STILL disabled and STILL eligible to receive SSDI benefits.

If Social Security determines that you have experienced "significant medical improvement," and that you no longer meet their requirements, your benefit will be stopped.

You should receive a written notice that a CDR is being conducted. Ignoring a CDR does not make it go away. In fact, failing to respond is a great way to have your benefits terminated.

WHAT IS YOUR BEST DEFENSE DURING A CDR?

Your best defense is to continue to see your doctor(s) regularly and continue following medical advice (including taking your prescription medications). People who stop medical treatment no longer have evidence they are still disabled.

If you find yourself under a Continuing Disability Review, respond immediately by doing these things:

• Complete all forms Social Security sends you and return them promptly.

• Report to Social Security ALL of the doctors you are currently seeing or have seen recently.

• Report any ER visits, hospitalizations, surgeries, or other medical events.

• Make certain that each of your doctor's offices sends your recent medical records to Social Security. (They should have been requested by Social Security).

• Be proactive. Don't depend on Social Security to obtain your doctor's records. Call each of your doctors' offices and ask if Social Security has requested records. If necessary, obtain medical records yourself and submit them to the unit that is conducting the CDR.

Remember, during a CDR you are having to PROVE that you are still disabled and are still eligible to receive benefits under Social Security's rules and regulations. This requires objective medical evidence (records).

YOUR RIGHT TO APPEAL

You are entitled to a lawyer to help you with a CDR. If you are notified that your benefits are being terminated, you should file a written appeal at once. You MAY request to keep receiving your benefits during the appeal (which may take several months). However, if you eventually lose your appeal, this money must be repaid to Social Security.

The 10-Day Benefit Continuation Rule: If your disability benefits are ending and you want your payments to continue while you appeal, you must request it in writing within 10 days of the date on the cessation notice. (Note: If you lose the appeal later, you may have to pay back those continued benefits).  If you win the appeal, you may keep them.

If you are NOT requesting continued benefits during the appeal, the standard 60-days rule applies. You must file your appeal within 60 days of the benefit denial letter. Note: These are two distinctly different deadlines. (Social Security assumes that you received their notice 5 days after the date on the letter; they allow 5 days for "mailing time"). So in effect, this gives you 65 days.