Continuing Disability Review Lawyers in Charlotte
A Compassionate Legal Team Dedicated to Helping Clients Keep Their Social Security Disability Benefits in North Carolina
Those with disabilities must undergo a lengthy process before the Social Security Administration (SSA) grants them disability benefits to help them financially in their daily lives. In fact, most disabled individuals have their initial disability claims denied by the SSA, forcing them to appeal the decision and start a new process in hopes of securing a more favorable conclusion to their case. Once the disabled person receives the much-needed financial support from the federal program they are eligible for, it’s natural to expect them to continue receiving their benefits as long as their medical conditions persist. However, those who receive Supplemental Security Income (SSI) and Social Security disability insurance (SSDI) should expect the SSA to occasionally review their cases to determine whether they remain eligible for benefits.
The primary purpose of these periodic reviews by the Social Security Administration is to review and determine continuing eligibility for benefits. If you have received a notice of a benefits review, it’s important not to panic, as these reviews are expected at regular intervals and after certain triggering events. While you shouldn’t be overly concerned about your Social Security disability benefits, there does exist the chance that the SSA could decide you no longer qualify to receive those benefits. Because of the high stakes of a disability review, you must seek the professional assistance of experienced attorneys well-versed in these matters.
Our North Carolina attorneys and legal staff have years of experience representing clients with various types of Social Security disability claims and can assist those who’ve already started receiving benefits to better prepare for continuing disability reviews. With our legal guidance and in-depth knowledge of Social Security law, you have a better chance of maintaining your current benefits and receiving a favorable continuing disability review report.
Conquest law operates on a contingency fee basis, meaning that you only pay us legal fees when we secure a favorable conclusion to your case. Additionally, we offer case evaluations to prospective new clients interested in retaining our legal services. To get started, schedule your risk-free case review with our attorneys and support staff today.
What Does a Continuing Disability Review Entail?
A continuing disability review (CDR) is a periodic review conducted by the Social Security Administration to determine whether an individual should continue receiving benefits based on their qualifying disabilities and inability to return to work.
There are two types of continuing disability reviews: medical CDRs and work CDRs.
In a medical CDR, the SSA determines whether you continue to meet the medical eligibility criteria to receive disability benefits from your qualifying program. In work CDRs, the administration examines your income earnings to determine whether you are gaining more than the substantial gainful activity threshold. If your income exceeds the threshold, the SSA may terminate your benefits.
At the beginning of the continuing disability review process, the SSA sends recipients a disability update report that they must complete and submit to continue receiving benefits. The update report asks you to provide information about your physical or mental impairment, any associated medical treatment, and any updates about your condition. Upon reviewing the form, the SSA will decide whether a more in-depth review is necessary.
How Often Does the Social Security Administration Perform Reviews?
The Social Security Administration is legally required to conduct continuing disability reviews once every three years. However, certain triggering events and other circumstances may prompt the SSA to conduct a CDR sooner rather than later.
If there is medical improvement or expected improvement in an individual’s disabilities, a continuing disability review will be conducted within six to 18 months. If there is a minor possibility that a recipient’s medical condition will improve, the CDR is performed at the regular three-year interval. In situations where the recipient is not expected to improve, and no new treatments are on the horizon, such as cases where his or her medical condition will likely result in death, the SSA may not conduct a review until five to seven years have passed.
Other circumstances that could trigger a continuing disability review include failing to complete the required questionnaires, changes in health status or employment, or new forms of substantial income. Additionally, a continuing disability review for children is automatically scheduled when the child recipient turns 18.
Why Might You Stop Receiving Social Security Disability Benefits?
There are many reasons why the SSA may decide to discontinue your disability benefits upon review.
Examples include the following:
- The SSA suspects fraud was perpetrated in connection with the initial application.
- If there were errors made in the initial review of your disability claim, you could lose your benefits.
- Failing to cooperate with the continuing disability review, such as a failure to submit the necessary reports or medical records to support your claim.
- All benefit recipients must follow their doctor’s orders to the letter. If you do not follow the instructions of your doctors, you could lose benefits.
- Your disability benefits would cease if your medical condition has dramatically improved and if you can participate in substantial gainful activity.
How to Better Prepare for a Disability Review and Defend Your Right to Receive Benefits?
We want to stress that you shouldn’t worry needlessly about your continuing disability review, as these reviews occur regularly over the years. However, with the possibility of losing your benefits, you must prepare for these reviews and do everything that the SSA asks of you.
We recommend staying in constant communication with your healthcare team. Regular medical treatment is vital to maintaining your disability benefits. Additionally, keep all your medical records and relevant medical evidence up to date, such as saving copies of doctors’ notes, treatment records, test results, and more.
Make sure that the Social Security Administration has your current address. If the USA cannot contact you, you will miss receiving your CDR in the mail, which can result in losing your benefits.
We strongly encourage all disability benefit recipients to seek guidance from experienced representatives to prepare for disability reviews, complete the necessary forms, and submit reports promptly. As your Social Security disability attorneys, we will assist you at every stage of the process and keep you informed as your case progresses.
Contact Our Law Offices to Schedule Your Consultation with Our Charlotte Disability Lawyers Today
After submitting your CDR forms and any associated evidence, the Social Security Administration will review everything to decide whether you still qualify for benefits. If the SSA decides to stop your benefits, you have the right to appeal their decision.
Our North Carolina law firm has extensive experience in these matters, making us highly qualified to represent your interests throughout the proceedings. Our legal team comes from diverse backgrounds, including representing clients in immigration, family, and estate law, before focusing on Social Security disability law. Our varied backgrounds grant us a unique perspective on these types of cases.
We offer consultations to prospective new clients. To discuss your case in more detail, please get in touch with our law office to get started today. You can reach us at 704-385-5281.