If the Social Security Administration sends you a letter saying they are stopping your benefits – you can appeal.
The Social Security Administration (SSA) periodically reviews benefit recipients’ disabilities to determine whether or not they are still disabled. The SSA is mandated by law to perform these reviews, referred to as Continuing Disability Reviews (CDRs), periodically for all disability benefits recipients.
What does a Continuing Disability Review Entail?
When a periodic review of your case is due, you will receive a letter in the mail from the SSA informing you that your Social Security disability review has begun. The SSA also will send you a medical report form to obtain information about your condition and about the doctors, clinics, and hospitals that you have seen within the past 12 months. Additionally, the SSA will review your income, resources, and living arrangements to ensure you still meet the non-medical requirements. This periodic review is referred to as a redetermination.
The SSA then will send your file to the Disability Determination Service (DDS), the agency responsible for making the new decision. The DDS will review the records that they receive. In some cases, the DDS may schedule a special test or consultative examination for you to obtain more information about your condition. You are not required to pay for these tests or exams; the SSA will be required to take care of the bill.
The DDS will review the facts and see if any new medical issues have arisen. The agency then will decide if your medical condition has improved, and if so, whether you are able to return to work.
How often will my case be reviewed?
The frequency of your periodic reviews depends upon your disability. The SSA explains, “The law requires us to perform a medical CDR approximately every three years unless we determine you have a condition that we expect will improve sooner than that. However, if you have a condition that is not expected to improve, we will still review your case, but not as often as every three years.”
How might a Periodic Review Affect my Disability Benefits?
If the agency determines that you are still disabled and still meet the non-medical requirements, your benefits will continue as normal. However, if it decides that you have medically recovered to the point that you can return to work, the SSA will cease your benefits.
If you have received a notice that your Social Security disability benefits case is being reviewed or if your benefits were stopped because of a CDR and you’d like to appeal, contact Chad Brown Law at (336) 546-5066 today to see who we can help.