Understanding the Basics of Consumer, Financial and Personal Injury Law

FAQs About The Social Security Administration's Continuing Disability Review

When you receive Social Security disability benefits, your eligibility to continue to receive benefits will be assessed at some point. Depending on your circumstances, it is possible that you could lose your benefits. If you have received notice that you are being re-evaluated for eligibility, here is what you need to know. 

What Is the SSA Looking For?

During the continuing disability review, or CDR, the SSA is essentially reassessing your eligibility to receive benefits. It is because of this that the agency reviews your medical condition, ability to work, and income again. 

The SSA might request permission to review your medical records. You could even be required to undergo an independent medical examination with a doctor of the agency's choice. 

Your ability to work is also evaluated. The agency will compare the skills that you needed for your last job with your functions now. To aid in this process, your previously completed residual functional capacity, or RFC, form is compared against your skills now. 

You also have to meet the substantial gain activity income level. In 2016, the monthly allow income level is $1,130. You are allowed up to that amount before it can affect your eligibility for benefits. 

When Are Your Benefits Denied?

If you fail to meet the requirements for any of the three factors the SSA assesses, you could lose your benefits. For instance, if your medical condition has improved to the point that you are able to work, your benefits could be stopped. 

If you are earning income that is more than the limit allowed, it is likely that your benefits will be stopped. There is one notable exception though. The SSA allows all disability recipients a trial period to return to work. During that trial period, any funds that you earned cannot be counted against you. 

Any month that you earned more than a certain amount is automatically considered part of the trial period. In 2016, earnings of $810 during one month is considered a trial month. You are allowed a trial period of nine months during a 60-month period. The months do not have to be consecutive.

In the event that you are notified that you are no longer eligible for benefits, contact an attorney. He or she can review the reason for the denial and determine if there is a chance of appealing the decision. If so, the attorney can handle the appeal. Check it out -- hiring a lawyer can go a long way towards ensuring the right decision is made by the SSA.


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