When you’re suffering from prolonged illness or injury, knowing how long your social security disability benefits will cover your loss of earnings and medical costs is important to minimize stress at a difficult time. There are two issues that could result in your social security disability benefits being suspended or even withdrawn: either you are able to engage in work activity or you have experienced medical improvement.
Both Supplemental Security Income (SSI) and social security disability benefits are designed to give you support if your disabling condition or injury prevents you from working and so it is necessary to provide evidence of medical need. It makes sense that there will be a process in place to determine whether disability continues to prevent someone from work known as a continuing disability review or CDR.
How Does the CDR Process Work?
The continuing disability review process is in place to identify any recipients of benefits who may no longer qualify for financial assistance. If a CDR determines that someone is no longer considered to be disabled, their social security disability benefits will be terminated. However, it is generally considered to be easier to pass a CDR than it is to pass the initial application for disability benefits in the first place.
CDRs are performed at varying intervals depending on the age and medical condition of the recipient of social security disability benefits, and there are distinct differences for adults and minors, as follows:
CDRs for Adults
The review period is usually set at every 3 or 7 years based on the potential for improvement in your condition. If a claimant has a relatively short-term disability or under the age of 50 and is expected to improve before three years, a CDR will be set to an earlier date. For people with a long-term disability or a deteriorating condition, they may be reviewed before seven years, and even those with permanent conditions are subject to CDRs.
CDRs for Children
Minors in receipt of social security disability benefits are automatically reviewed when they turn 18, from which point applicants are assessed according to adult standards. Babies born with a low birth-weight will have a CDR just before their first birthday.
As mentioned above, there are two main reasons social security disability benefits can be suspended or withdrawn and the others that will trigger a CDR include:
- Your return to work
- You inform the SSA of an improvement in your medical condition
- Your medical condition has improved
- A third-party advises the SSA that you have not been following your treatment protocol
- A new treatment for your disability is introduced
What Happens If Social Security Consider Someone to Be No Longer Disabled?
If a CDR, either triggered or otherwise, deems you to no longer qualify for social security disability benefits based on the information they have about your case, your benefits are likely to be terminated. The onus is on you to provide evidence of your incapacity to do your job or any other job you may have been qualified to do in the past. Any change to your medical condition, no matter how slight, can have a dramatic effect on your eligibility to claim social security disability benefits.
Can I Appeal if My Social Security Disability Benefits are Stopped, and I Disagree with the Decision?
If your medical condition was deemed to have improved after a CDR and your benefits ceased as a result, you can continue to claim social security disability benefits while you take your case to appeal.
The appeals process is as follows:
- You must file your request to appeal within ten days of receiving notice of termination of benefits.
- You must also file your request to continue receiving benefits at the same time.
- If your request for appeal or ‘reconsideration’ as it’s also known is denied, you have to then submit a request for a hearing and another request for continued benefits within ten days of this decision being made.
- Failing to apply for continued benefits promptly will result in your request being denied unless you can show good cause for late filing.
- Appeals denied at hearing level can be taken to the Appeals Council, although no benefits will be paid unless the council allows a new hearing for your case.
Reach Out to a Wisconsin Attorney to Discuss Your Social Security Disability Benefits
Dealing with long-term illness or injury can be extremely stressful, without feeling as though you have to regularly justify your entitlement to financial support from federal or state benefits. If you’re located in Milwaukee, Wisconsin, Tabak Law can manage your disability claims on your behalf to ensure you get the maximum amount to which you are entitled. With the peace of mind that your expenses will continue to be met with benefit payments for as long as you need them, you can focus better on your recovery.