Social Security conducts "continuing disability reviews" (called CDRs) of approved disability claimants and is increasingly using this process to cut off benefits.
Most favorable decisions contain a paragraph where the judge classifies an approved claim as one that should be reviewed in three, five or seven years. Generally, five and seven year review cases are ones where the judge feels that medical improvement is not likely. Three year reviews (or even one year reviews) are cases where the judge believes that with medical care (arising from Medicare or Medicaid) you are likely to improve and regain the capacity to work.
Whatever the type of review noted in your decision you should prepare for a possible CDR down the road. I advise my clients to:
- continue treating with their physicians
- keep their own medical record files
- identify individuals who might be able to testify on their behalf in a CDR hearing
Because there are no past due benefits in a continuing review case, you will not be able to retain a lawyer to represent you in a CDR hearing under a "no fee unless you win" contingency fee contract. Most disability claimants will not have the funds to hire a lawyer to appear with them at hearings. Social Security knows this means that claimants appearing in a CDR hearing are likely to be unrepresented and thus less likely to win CDR hearings.
Success at a CDR hearing will go to the organized and the prepared. Do not become complacent and assume that your benefits will necessarily continue for the rest of your life.
Want more information about winning and keeping your Social Security disability benefits? Visit my firm's web site at www.georgiasoci... or our blog at www.ssdanswers.com.
Jonathan Ginsberg
Ginsberg Law Offices
Social Security Disability law
770-393-4985
20 авг 2024
