How should you prepare for a Continuing Disability Review (CDR) or notice of proposed termination? It depends on how vulnerable you are to losing. I received the following question from one of my readers:
I received a letter from SSA saying that they are reviewing my current SSDI benefit and possible to end my benefits due to substantial work between 2004 and now. I would like to have your advisement how I should handle this and what options I can do to keep my SSDI benefits. I only have Medicare insurance and living with AIDS. Also, I am deaf.
My response: Social Security is saying that you engaged in "substantial activity" from 2004 to the present. "Substantial activity" is a term of art and refers to activity that is work or work like activity. Substantial activity can be work for pay, volunteer work, school or other similar activites.
In a CDR context, Social Security is most likely looking at your earnings record. As you know, when you work your employer files copies of all W-2's and 1099's generated on behalf of employees. If you were working and your employer was withholding taxes as the law requires there is a written record of your earnings.
I have posted a table on this blog setting out what you can earn and still fall below SGA (substantial gainful activity). Social Security will look at your earnings month by month to calculate how many months you exceeded SGA. You could, in theory, could be asked to repay SSA for each month that you received earnings over SGA and also collected SSDI. Read more on Approved Claimant Returns to Work – Are there any Defenses to a Continuing Disability Review or Termination Action by SSA…
There is no such thing as the "perfect" case. Even the most deserving claimants may end up with a doctor who they don't like or with whom they do not get along. This is especially true in "pain" cases when narcotic medicines may be prescribed. There are also doctors out there who do not believe in the concept of disability – as far as they are concerned no one is fully disabled and these doctors will not cooperate with a Social Security claimant at all (needless to say, it is helpful if you discover this trait in your treating doctors early enough in your case to find another doctor!).
What about unhelpful medical records? I see this frequently in cases where there was a workers' compensation case. "Company doctors" often minimize symptoms and generate records indicating that a claimant has the capacity to return to work. Other times I see unhelpful records in cases where my client just did not "click" with his or her physician or psychiatrist.
One of my blog readers wrote me to ask about his obligation to submit unhelpful records in the context of a continuing disability review:
I have been on SSI for 8 years for mental illness. One recently former psychologist would say I was never disabled while my psychiatrist, and my new psychiatrist (the present one is moving) say I am disabled. Read more on Are Claimants Required to Submit Unhelpful Medical Records…
I recently ran across a very timely post on Jim Reed's New York Injury Law blog entitled "When Facebook Isn't a Friend to Your Personal Injury Case." Jim correctly points out that the default privacy setting on Facebook is essentially "no privacy" meaning that anyone in your geographic area can view your profile, your photos and comments made by and about you.
What does this have to do with your Social Security disability case?
First, remember that the main issue in most Social Security cases is whether you have the capacity to perform simple, entry level, low-stress, sit-down type of work. Now, take a look at your Facebook profile. Does it contain photos of you dancing at a wedding, or on the beach? Are there comments from friends chatting about that family get-together or class reunion?
Some of my disability clients "friend" me and I always find it interesting to look at their profiles. I am looking at one such profile right now and it reads as follows: Read more on Can Your Facebook Profile Hurt Your Social Security Disability Case…
Many disability claimants are not ready to give up on the idea of working. Social Security recognizes this and offers a number of programs designed to help disabled claimants transition back into the work force.
I recently received a letter from a such a claimant. He describes himself as a 53 year old male was was approved for SSDI as of June, 2006. The basis of his claim is major depression. He states that in June, 2007 he decided to try to return to work as a commissioned insurance agent. From June of 2007 through April, 2009, he has earned $10,000 in commissions, but these commissions have not yet been distributed to him. He states that the work effort has been very difficult and at this point he has decided to discontinue his active work as an insurance agent.
The issue facing him has to do with the $10,000. He is concerned that if Social Security sees a $10,000 distribution, it might trigger a termination. What should he do? Read more on Will a Work Attempt Cause Me to Lose My Benefits…
In my practice I do not see very many continuing disability review (CDR) cases. If you are not familiar with this term, a "continuing disability review" involves a review by Social Security as to whether an approved claimant remains disabled. For example, there are some medical conditions that can and do improve over time and with treatment. I have been involved in many cases – especially those in which the claimant is in his 20's or 30's – when the judge specifically includes in his decision that a particular claimant should be reviewed in 1 year, or perhaps 3 years.
In theory, every Social Security disability case will be subject to a CDR. In reality, because of the current backlog, I rarely hear from my clients that their cases are being reviewed. The few cases that do seem to end up in a CDR typically involve younger claimants.
I am not usually called upon to handle CDR cases because Read more on How Do Job Training Programs Affect Continuing Disability Reviews…
I don't get a lot of questions about "continuing disability reviews" (CDR). Here is one that raises an important issue. For those not familiar with the term, a CDR is the process by which Social Security evaluates approved claimants to confirm that they still meet the requirements for disability under Social Security's rules.
Sometimes, judges will specifically provide for a review in 12 months. The official Social Security disability web sites provides that all cases are to be reviewed every 36 months (although it has been my observation that the 36 month reviews have been performed at random). Although I have not seen any regulations to this effect, I suspect that the cases which are reviewed may be ones where improvement might be most likely. For example, if your approval is based on a condition that could be corrected by (invasive) surgery, your case might be flagged for review.
You should also understand that disability attorneys like me rarely get involved in CDR cases. Why? Read more on Should Approved Claimant Report New Medical Problems to Social Security During Continuing Disability Review?…
In Dec. 13, 2007 you responded to my question on your Social Security Disability podcast about non compliance and electroconvulsive therapy (ECT). I had tried numerous antidepressant medications with no success. I was desperate for answers and sought out a new psychiatrist who specializes in electroconvulsive therapy. After he conducted my fourth of six ECT treatments. I started experiencing a very weird scary state of mind, almost like I was seeing things in a dreamlike state of mind. I stopped at the fourth ECT for this reason. Its hard to describe such feelings in words but it was a very eery scary feeling. How will Social Security view my situation?
Read more on Will Social Security Penalize Me if I Refuse Electroconvulsive Treatment?…
My April 26, 2008 post about attending college and applying for Social Security disability generated a large number of emails and questions. A reader sent me this question which is about the impact of a stipend and part time job on an SSDI recipient who has already been deemed disabled.
Read more on Will Graduate Student Work Stipend Cause Paraplegic to Lose SSDI Benefits?…
Hi, I have been disabled for a few years now and am thinking about returning to work, I would like to stay under the amount necessary to continue my ssd ? How do I do that? and do I report the income to someone at ss?AND what if I want to TRY returning to work full time? –Valerie
Read more on What are the rules for my trial work period?…
Jonathan Ginsberg
