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Continuing Disability Review

This topic discusses the SSA Continuing Disability Review process for both Adults and Children.

Adults

A Continuing Disability Review (CDR) is the process used to obtain information about your disability and any work activity to determine if SSA should continue your disability payments. As a SSDI (Title II) beneficiary or SSI recipient you are required to undergo a CDR periodically (every year, or every 3 or 7 years, depending on the expectation that you may recover medically).

NOTE: The Ticket to Work and Work Incentives Improvement Act of 1999 (TWWIIA) established that:

Effective January 1, 2001, the Social Security Administration (SSA) does not conduct a continuing disability review of beneficiaries of Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) while the beneficiary is using a Ticket to Work.

Beginning January 1, 2002, SSA does not conduct a continuing disability review of a beneficiary's medical condition because the beneficiary is working -- if the beneficiary has received Social Security disability benefits for at least 24 months.

SSA still conducts regularly scheduled medical reviews, unless the beneficiary is using a Ticket to Work.

(In either case, the existing rules for suspending benefits because of earnings amounts will apply. Thus, for SSI, earned income rules for reducing benefits would apply, and for SSDI, rules for determining the effects of Substantial Gainful Activity (SGA) apply.)

A CDR may result in the loss of your benefits if substantial evidence shows that you have medically recovered. (If you disagree you may file an appeal and provide evidence that you have not medically recovered.)

IMPORTANT: You must always report any change in your earnings.

Children

The law requires SSA to do a continuing disability review (CDR) to determine whether or not the child is still disabled. The CDR must be done:

·                   at least every three years for recipients under age 18 whose conditions are likely to improve; and

·                   not later than 12 months after birth for babies whose disability is based on their low birth weight.

SSA also may do CDRs for recipients under age 18 whose conditions are not likely to improve.

Any individual who was eligible as a child in the month before he or she attained age 18 must have his or her eligibility redetermined. The redetermination will be done during the one year period beginning on the individual's 18th birthday.

SSA will use the rules for adults filing new claims to do the redetermination.

See the topic SSI Redetermination - Age 18 for additional information.

Source

http://www.ssa.gov/OP_Home/cfr20/404/404-1590.htm

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