YOUR DISABILITY CHECK CAN BE CUT OFF

Many people assume that once they receive a Social Security disability (SSDI) check, their benefit can never be stopped.  This is not true.

Social Security now performs tens of thousands of Continuing Disability Reviews (CDRs) to determine whether disability checks should be stopped.  Under a 1984 law, disability benefits may be terminated if:

a) There has been significant medical improvement since the benefit was started,

b)  The claimant is now able to work.

How do Continuing Disability Reviews work?

The claimant will get a letter notifying him or her that a review is taking place.  The claimant will be told to submit any medical evidence they wish to be considered.  They will be asked to return a form providing the name and address of doctors, hospitals and other medical providers who are providing treatment.  It is very important to return this form.

When the CDR is complete, the claimant is notified by mail of the decision.  If the decision is to terminate benefits, the claimant may appeal in one of the following manners:

1)  Within 10 days, file an appeal stating that you wish for benefits to be continued pending the outcome of the appeal.  (If the appeal is eventually unfavorable, Social Security will ask for this money to be paid back to them).

2)  Within 30 days, file an appeal that does not ask for benefits to be continued during the appeal. Your benefits will stop on the date stated in the letter and will only be reinstated if you win your appeal.

What is the best protection against having benefits cut off?  The answer is:  Keep seeing your doctor regularly, take your medicine and follow medical advice.  A lot of problems come up with Continuing Disability Reviews because individuals get their disability checks started, then stop seeing the doctor.  Social Security will nearly always take this to mean that there has been medical improvement.  They will likely use it to try to stop benefits.