Carl hated checking the mail. He never knew what kind of late notice or official letter he would get. One day, he received notice from the Social Security Administration about his disability claim. Carl wondered if his Social Security Disability Insurance claim being reviewed meant his disability would be cut off. What he learned would surprise him.
The Social Security Disability Insurance Claim
When an individual becomes unable to work due to a disability, they may be eligible for Social Security Disability Insurance (“SSDI”) benefits. Applications for benefits are vigorously reviewed. During that process, the applicant produces medical records or allows the Social Security Administration (“SSA”) to retrieve their records.
To receive disability benefits, you must be able to prove you are disabled.
However, not all disabilities are permanent. It’s possible for someone to receive SSDI benefits, then return to work when they are able. In the meantime, the applicant must continue to prove a disability exists that prevents them from working. The way to do that is by careful review of the SSDI recipient’s condition – a continuing disability review (“CDR”).
Timelines for Review
The SSA conducts two basic types of reviews:
- Medical Continuing Disability Review.
- If your condition is not expected to improve, the SSA will review your medical condition from six to 18 months after you became disabled.
- If your condition might improve, the SSA typically reviews your case every three years.
- Finally, the SSA usually reviews claims for people who are not expected to improve about every seven years.
- Work Continuing Disability Review.
- The SSA will review a beneficiary’s work records to see if he or she is earning more than the allowed substantial gainful activity (SGA).
The SSA might not conduct a medical review on a beneficiary who meets one of the following criteria:
- Beneficiary has been receiving disability benefits for a minimum of 24 months; or
- Beneficiary is participating in the SSA’s Ticket to Work Program.
If you receive SSDI benefits, it’s very likely your claim will be reviewed at some point.
Is Your Social Security Disability Claim Being Reviewed a Problem?
No, as long as you are still disabled. It’s just a natural part of the process. However, if you receive a notice of review, please contact your disability insurance attorney immediately.
The attorneys at The Law Offices of Martin Taller have more than 50 years’ experience. For a free consultation, call us at 714-385-8100. Though our office is located in Anaheim, we assist clients throughout Southern California.
