Serving clients in Fayetteville and all of NW Arkansas
While receiving disability benefits through Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), the Social Security Administration (SSA) may periodically check in on you to see if you are still disabled. To continue receiving disability benefits, you may need to pass a routine Continuing Disability Review (CDR). If you fail the review, you may have your benefits suspended and will need to take additional steps to have your benefits restored. Our Fayetteville, AR disability lawyer Ken Kieklak explains how to pass a Continuing Disability Review and avoid having your benefits suspended – and how to restore your benefits if you fail a CDR. For help with your case, call our law offices today to schedule a free legal consultation.
What is a CDR for Disability?
A Continuing Disability Report is a report that the SSA might ask you for to check for proof that you are still disabled. The SSA requires that you constantly meet the definition of disability while receiving disability benefits, and any instance when they cannot confirm you still meet the definition might lead to disability suspension.
The SSA typically goes back and reviews cases every few years. In cases where there is little expectation of recovery, the Administration might wait longer to review your case instead. As part of that review, they may request you to perform a CDR. This could involve seeing a doctor to check your condition as well as filling out paperwork to prove you are still disabled.
Generally, the SSA uses CDRs and other reviews to root out fraud and cancel benefits to people who no longer need them. While undergoing a CDR might be inconvenient and stressful, it is an important tool to help the SSA discover recipients who do not need disability benefits. Stopping payments in cases of fraud or cases where the disability has gotten better ensures there are funds left to pay people who truly need disability payments.
What Happens if I Fail a Continuing Disability Review?
To “fail” a CDR would mean that you provided the SSA with the information they requested, and they came to the conclusion that you are no longer disabled. If the SSA ever finds that you are no longer disabled, they will typically suspend your disability benefits.
Rather than outright terminating your disability benefits, the SSA will instead suspend your benefits, notify you, and ask you to prove your disability. If you cannot provide more information or the SSA still thinks you aren’t disabled anymore, they will terminate your benefits.
If your benefits are suspended or terminated, contact a lawyer immediately. You may need to act quickly to get your benefits back, and you may need to file appeals or attend disability hearings to get your benefits to continue.
How Do I Pass a Disability Review in Arkansas?
To “pass” a disability review, you need to prove you still meet the SSA’s definition of disability. The standards used during a CDR are the same standards used to determine whether you qualified when you applied for disability in the first place:
- You must have a qualifying condition or illness (or a similarly severe condition)
- Your disability must be “severe” enough to prevent you from working
- You must be unable to perform other work
If you meet this definition, you should be able to pass your CDR and continue to receive disability benefits. If your condition has improved or you think you might no longer qualify for disability, it is important to talk to a lawyer. In many cases, your lawyer can present your information to the SSA in a full, truthful manner that helps give them the details they need to understand your disability and approve you for continued benefits.
You should never lie to the SSA. Lying or faking a disability to continue receiving disability benefits is fraud and can lead to criminal charges and jail time. Instead, if you are truly disabled, have your attorney help you present your case and argue that your disability still qualifies. If it truly does qualify, there should be nothing stopping you from keeping your disability benefits, and an attorney can work to fight for your rights to receive disability benefits.
In some cases, you can ignore a CDR request. In rare instances, a CDR may have been requested by mistake, and there is no reason the SSA should double check your disability so soon. If this is the case, your lawyer might be able to contact the SSA and have the request for a medical CDR recalled.
You may also be entitled to protection from a CDR if you are participating in a “ticket to work” program. The SSA’s “Trial Work Period” and other work incentive programs might allow you to return to work and still qualify for disability benefits in addition to the wages you earn. These programs have many rules to ensure you report your income and comply with other standards. After being approved for one of these programs, you should be protected from having to undergo a CDR, and your lawyer can help you avoid having to do a CDR in the first place.
Call Our Fayetteville Disability Lawyer for Help with Your Continuing Disability Review
If you have been asked to complete a Continuing Disability Review (CDR) in Arkansas and you need help passing the CDR, think the CDR was requested in error, or your benefits were suspended after failing a CDR, contact Ken Kieklak, Attorney at Law, today. Our Fayetteville Social Security Disability attorney may be able to take your case and fight to confirm your disability with the SSA and help you keep your SSDI benefits. For your free legal consultation, call us today at (479) 439-1843.
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