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 a CDR representation does not involve past due benefits, and therefore cannot be handled under a contingency contract. Very few of my clients have the funds available to pay a lawyer for representation. A CDR hearing is very much like a disability determination hearing, involving medical record collection and submission, and representation at a hearing and often a CDR representation takes as much or more time than a disability determination.
Although CDR’s are still somewhat rare because of the current backlog in disability determination cases, Social Security still conducts continuing disability reviews on some cases. Here is an email that I received from a blog reader regarding such a review:
I am 21 yrs. old, have been on SSI 2 yrs. for major depression and social anxiety disorder, and am expecting a CDR in december. My condition has not changed much from when I was approved. I want to go to college or JobCorps in the next few months(program lasts 2-3 yrs.), but I worry if I do well in a program like that, social security will consider me “signaficantly improved” at the CDR and cut me off. What does SSI consider “signaficantly improved” in regards to mental illness? I want to work and going to school will help me do that.Will I be penalized for trying to work out my issues (and succeeding)?
Here is my response: I am thinking that you are a prime candidate for continuing disability reviews over the next several years. You are obviously very young to fall within the disability process and your impairment – a form of mental illness – often triggers disability reviews. Hopefully, your treating psychiatrist will find the right combination of drugs that will allow you to return to the workforce.
“Significantly improved” means that your capacity to function in a work environment has been restored. Remember, Social Security defines work capacity in terms of your ability to get through an 8 hour workday, 5 days a week. You would no longer be considered disabled if you could perform a simple, unskilled “warm body” type of job, such as serving as a textile inspector, a circuit board assembler, or a surveillance system monitor. It does not matter that you would not earn very much at one of these kinds of jobs or that there is no such job near where you live. The only question – could you perform one of these simple, unskilled jobs if it was made available to you.
I think that if you enroll in college and are able to maintain a regular course load or even something close to a regular course load, Social Security will consider that activity as “substantial activity.”
Similarly, if you attend job corps and can function in activities that are equivalent ot full time work, Social Security will argue that disability benefits should be terminated. You should note that Social Security has a number of work incentive programs such as the “Ticket to Work” program that will continue to pay you while you train and can ease your transition back into the work force.
If you attempt to attend college or if you attempt to participate in a work training program and you cannot sustain the activity because of your mental health issues, such failures will serve as evidence in your favor. This assumes that you continue to seek regular mental health treatment and you have a physician or therapist who will support you.
I think that you are wise to plan for the possibility that Social Security will try to cut you off, and, of course, you will ultimately make more money if you work as opposed to collect disability. Best of luck to you.
I am a dwm 47 and on SSA Disability for Severe Disability, Anxiety, and ADD. I would prefer to be working but my disabilities preclude that. I am very compliant and see my psychiatrist regularly. Worse Case Scenario: If SSA you should unexpectedly cut off my disability benefits, is it too late to seek the Ticket to Work Program since I would have no other option? I know that I have submitted a fair number of questions to you due to my anxities. I dont make much on my SSA check but to show you my appreciation for your candid responses, I will make a small donation to your organization if you can manage to answer this question plus some previous questions submitted. Thank you.
Hi… I’ve been on disability since 2002, for HIV and Bi-Polar, but have worked pt (several pt jobs) with one lasting the last two years, but only one or two days a week (8 hour shifts)
I’m currently getting a CDR, due to I suspect the 7 year timeframe and probably that I’ve worked some. I have several letters of support including one from my doctor that I’m unable to work a full time job, in his professionl opinion, and from others on the problems I have with mental illness and I have medical records that I’m in therapy over the last several years to include the last year. There have been some lapses of seeing my psych Dr., but more frequently been seeing him since the CDR.
I’m afraid that SSDI will see that my pt work proves I’m able to work and cut me off and/or stop my benefits.
I’ve had some problems with customers, and memory is apparrantly an issue as noticed by my manager and I’m now seeking nueropsych testing and brain MRI to substantiate my memory issues, from possibly long term HIV or can even be from my bipolar.
I’m in recovery, from substance abuse, and have had struggles remaining sober and landed in jail last year from a rage incident. I’m not good at handling stress and my answers and support include references to these issues, and in that I’ve relapsed a couple times, which are possibly even resulting because I can’t handle the bipolar stuff or a result of bipolar.
I don’t know what else to say, but I need some guidance in what fears I should have, and am concerned about my pt work over the last two years being grounds for them to cut me off and stop my payments and the CDR process and ultimate outcome.
What should I do, or not do?
Hello my name is Paul. I suffer from a host of health problems and frankly, I don’t know which one I qualifyed under. I’m an epeleptic (Grand Mall), deep vein thrombosis, atrial flutter and depression. I’m 59 and I would very much like to return to work. However, I must ease back into it .
becuse I eperience
Can ticket to wor help me finc
I have a host of illnesscesses,epeleptic,Pulmanary embolism
blood clots and a stroke I would like to go back to. Would the ticket to work program benifit me? Can you tell me how it I can make a smooth transition. I have both a bachelor degree in marketing and a MBA. Any suggestions?
I son is 16 yrs. old, have been on SSI 10 yrs. for major depression and social anxiety disorder,ADHD, and am expecting a HEARING in JUNE. his condition has not changed much from when he was approved. he wants to go to JobCorps in the next months OR TWO(program lasts 2-3 yrs.), but I worry if he do go in a program like that, social security will take his check away and cut him off. What does SSI consider “signaficantly improved” in regards to mental illness? he wants to go to school and get his ged or my diploma .Will he still recieve help from ssi or not?
Mardalena, my thought is that the medical records from the psychologist/psychiatrist will be more important than efforts by your son to go to JobCorps or similar programs. Obviously if he is successful in finding a job then that would be evidence which could be used to terminate benefits. SSA defines disability in terms of one’s capacity to perform the demands of simple, entry level work, so if the evidence (medical records and non-medical evidence) suggests that he can now work, then SSA will try to cut him off.
I receive ssdi since 2011 I have my ticket to work assigned and I am in a training program that I get minimum wage for on the job training I am unable to work for only 4-5 hours a day due to my back now ssdi wants me to explain the income which should not count as a job income its a training program and I am reguired to do job searches on a regular basis why are they trying to kick me off or lower what i get which i could hardly live on now.
I receive ssdi since 2011 I have my ticket to work assigned and I am in a training program that I get minimum wage for on the job training I am unable to work for only 4-5 hours a day due to my back now ssdi wants me to explain the income which should not count as a job income its a training program and I am reguired to do job searches on a regular basis why are they trying to kick me off or lower what i get which i could hardly live on now.