Responding to Unfavorable Continuing Disability Reviews (CDRs)
What to do if you undergo a continuing disability review by Social Security and receive notice that your benefits are being terminated:
Immediately write a letter to your local Social Security office. Include your name, address and Social Security number on the letter. State two things in the letter:
(1) I disagree with your decision to stop my benefits and I want to appeal.
(2) I want to continue to receive my regular benefits pending the outcome of the appeal.* (If you lose the appeal, Social Security will want this money back).
Sign the letter. If possible, deliver it or have someone deliver it to the Social Security office. Get them to make a copy of the letter and stamp it or sign it--as proof it was delivered to them. If hand delivery is absolutely impossible, mail the letter via certified mail. Keep a copy of the letter. Ask the post office to send you a delivery confirmation showing the date the letter was delivered to Social Security.
In order to continue receiving your check pending the appeal results you must get that letter to Social Security within 10 days (starting the day you received the notice of their intent to discontinue your benefit). After 10 days, you cannot request that your check be continued during the appeal. People are confused by this, since you have 60 days to appeal the decision. But there are two deadlines involved in CDR cases. One is the 60 day deadline to appeal the unfavorable decision. The second is the 10 day deadline to request that your benefits be continued during the appeal. If you miss the 10 day deadline, you will not receive a check during the long appeal process.
Two more important things. While it is OK to call the Social Security office about your problem, phone calls do not protect any of your rights. Make the appeal in writing, not over the phone--no matter what you are told. Finally, if you eventually lose the appeal, the payments made during the appeal process will probably be counted as over-payments and you will be asked to repay that money. Consider this possibility before asking for your checks to be continued during the appeal.
Generally, what you need to prove during a CDR is that you have not made substantial medical improvement since you began receiving disability payments. Your doctor should be able to provide evidence of this. This fact will be ground zero in the CDR result. In addition to the usual medical records that Social Security will request from your doctor(s), you proactively take an additional step. Ask your doctor to provide a written letter or statement to Social Security in which he/she states: your continuing severe symptoms, the fact that you are continuing regular medical treatment, the medications you are taking and that you have not responded favorably to medical treatment so far. It is up to you (or your attorney/representative) to obtain this statement and submit it to
The burden of proof rests upon Social Security in continuing disability reviews. They must show that you have undergone significant medical improvement and that you are no longer disabled according to their rules. If they cannot demonstrate this with medical evidence, your check will be continued.
If you have difficulty finding a representative to help you with a continuing disability review problem, you may want to check with the National Association of Disability Representatives (NADR). You can access their referral program online at www.nadr.org.
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This is being provided as general information and does not take the place of advice from your attorney or professional representative. Do not rely on this post. Speak to a professional about your Continuing Disability Review.
Immediately write a letter to your local Social Security office. Include your name, address and Social Security number on the letter. State two things in the letter:
(1) I disagree with your decision to stop my benefits and I want to appeal.
(2) I want to continue to receive my regular benefits pending the outcome of the appeal.* (If you lose the appeal, Social Security will want this money back).
Sign the letter. If possible, deliver it or have someone deliver it to the Social Security office. Get them to make a copy of the letter and stamp it or sign it--as proof it was delivered to them. If hand delivery is absolutely impossible, mail the letter via certified mail. Keep a copy of the letter. Ask the post office to send you a delivery confirmation showing the date the letter was delivered to Social Security.
"To keep your benefits, you need to show that there has been no substantial medical improvement in your disabling condition(s)."
In order to continue receiving your check pending the appeal results you must get that letter to Social Security within 10 days (starting the day you received the notice of their intent to discontinue your benefit). After 10 days, you cannot request that your check be continued during the appeal. People are confused by this, since you have 60 days to appeal the decision. But there are two deadlines involved in CDR cases. One is the 60 day deadline to appeal the unfavorable decision. The second is the 10 day deadline to request that your benefits be continued during the appeal. If you miss the 10 day deadline, you will not receive a check during the long appeal process.
Two more important things. While it is OK to call the Social Security office about your problem, phone calls do not protect any of your rights. Make the appeal in writing, not over the phone--no matter what you are told. Finally, if you eventually lose the appeal, the payments made during the appeal process will probably be counted as over-payments and you will be asked to repay that money. Consider this possibility before asking for your checks to be continued during the appeal.
Generally, what you need to prove during a CDR is that you have not made substantial medical improvement since you began receiving disability payments. Your doctor should be able to provide evidence of this. This fact will be ground zero in the CDR result. In addition to the usual medical records that Social Security will request from your doctor(s), you proactively take an additional step. Ask your doctor to provide a written letter or statement to Social Security in which he/she states: your continuing severe symptoms, the fact that you are continuing regular medical treatment, the medications you are taking and that you have not responded favorably to medical treatment so far. It is up to you (or your attorney/representative) to obtain this statement and submit it to
The burden of proof rests upon Social Security in continuing disability reviews. They must show that you have undergone significant medical improvement and that you are no longer disabled according to their rules. If they cannot demonstrate this with medical evidence, your check will be continued.
If you have difficulty finding a representative to help you with a continuing disability review problem, you may want to check with the National Association of Disability Representatives (NADR). You can access their referral program online at www.nadr.org.
--------------------
This is being provided as general information and does not take the place of advice from your attorney or professional representative. Do not rely on this post. Speak to a professional about your Continuing Disability Review.
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