Here’s a fun thought: after months or even years of pain-staking, frustrating time and effort, you finally got Social Security Disability Insurance benefits (“SSDI” or “disability benefits”). Now the Social Security Administration (“SSA”) wants to do it all again —in a continuing disability review.
Periodic Continuing Disability Reviews.
Generally, every 3 years (the exact time varies) the SSA will conduct a review of your case to determine whether you are still entitled to benefits. These reviews are called “Continuing Disability Reviews” (“CDR”) or simply, “disability reviews.”
When the SSA conducts a disability review, it does some investigative work, and may require a medical review decision from the state medical disability agency (DDS).
During the review, the SSA is looking to see whether any new medical evidence exists that supports a finding that your condition has improved or that you are no longer disabled.
The process for the disability review is similar in some ways to the original application process. The SSA will contact you and will ask for updated medical records and other information. They will review all the information they receive and will make a determination whether your condition has improved sufficiently so that you are no longer “disabled” or not.
If you are working at the time of your CDR, they may require a medical examination as part of the review. The purpose is to ensure that your condition has not improved to the point where you no longer need benefits.
Continuation or Termination of Benefits.
While the SSA will be deciding whether or not your benefits should be terminated, there is some general good news here. For the most part, the disability review is not as detailed as the original disability application process.
Also, once a person is receiving disability benefits, it is very difficult for the SSA to prove that a person is no longer disabled.
Why is that?
Because the medical records must show that the same level of physical or mental limitations that were in place at the time benefits were granted no longer exist, at least not to the extent that they would prevent you from engaging in substantial and gainful work activity. And, because medical records do not talk to a person’s functionality, this is very hard for the SSA to do.
Need to Know More? Call Us.
At the Parmele Law Firm, we care about our clients. With offices in Poplar Bluff, Rolla, St. Louis, St. Joseph, West Plains and other cities in Missouri, and in Overland Park, Salina, Topeka, and Wichita Kansas, and in Illinois, and Oklahoma, we help our clients get the benefits they deserve. Social Security disability cases is all we do. We offer free consultations and we do not get paid unless you win your case. Contact us today to set up your free appointment.