If you have been awarded Social Security Disability (SSD) benefits, the Social security Administration (SSA) is required to periodically review your case to determine if you remain disabled. Known as the continued disability review (CDR), New York social security disability lawyers caution that if the SSA finds that you are able to work, your SSD benefits will be terminated.
Under the SSA guidelines, the original determination of disability was based on total disability. Although benefits are not payable for temporary disability, permanent disability is not a criterion to receive SSD benefits; in fact, medical improvement is contemplated in some cases. Although the SSA has great flexibility in conducting a CDR, New York social security disability lawyers indicate a CDR will typically be conducted either every three years or every seven years based on whether:
• Medical improvement is expected; or
• Medical improvement is unexpected.In assessing the probability of medical improvement, the nature of the medical condition and the age of the SSD beneficiary is considered.
Circumstances that Trigger a CDR
In addition to the regularly scheduled CDR, if the SSA becomes aware of a change in circumstances, it may conduct a review. New York social security disability lawyers include the following as examples:
• The recipient informs the SSA that their medical condition has improved;
• The medical evidence indicates the recipient’s condition has improved;
• A new procedure or treatment has been developed to improve the recipient’s medical condition.
The SSA sends the SSD recipient one of two forms; a short, two page form is used for those whose medical improvement is unexpected and a longer, ten page form for those whose improvement is expected or possible. New York social security disability lawyers can explain that this longer form is very similar to the initial SSD application form and that the individual should also include any updated medical evidence along with the completed form.
The SSA will review the information submitted and initially determine if a medical improvement has in fact occurred. If so, the SSA must then determine if that improvement impacts the recipient’s inability to work. If the person remains disabled despite the improvement, benefits will continue. If the SSA concludes the person is no longer disabled, benefits will be terminated.
The SSA decision to terminate a SSD recipient’s benefits is appealable. Importantly, a New York social security disability law firm emphasizes that the appeal must be filed within 60 days of the termination decision, but, to continue receiving SSD benefits while the appeal is considered, the request for reconsideration must be filed within 10 days. If the appeal is denied initially, a second appeal to the Appeals Council is possible, but benefits do not continue pending the Appeals Council decision.
Contact a New York Social Security Disability Law Firm for Legal Advice
It is important to understand the continuing eligibility requirements for receiving SSD. For a free case evaluation, call Hermann Law Group, PLLC, at 1-877-773-3030.