Continuing Disability Review: Introduction for New Beneficiaries

Once an applicant has been approved to receive disability benefits for a Social Security administration program he or she may be subject to a continuing disability review examination.  The Social Security usually conducts a continuing disability review in order to determine if the impairment condition, mental or physical, continues to impair the beneficiary’s ability to engage in gainful employment in the same severity as when the application for benefits was approved or if there have been subsequent changes in the status of the impairment that would enable the individual to go back to work.

Reasons for Conducting a Continuing Disability Review

• The date has passed on which a scheduled medical re-examination was to take place in cases where the impairment was expected to improve or where improvement was possible.
• Voluntary reports were received by Social Security from people that indicated that the individual was able to return to work.
• Substantial earnings are posted to your FICA employment record.
• A report indicating medical improvement is received from a vocational rehabilitation agency
• A report is received from a third party stating that the individual is no longer disabled, is not following the required treatment scheme or is failing to follow provisions of the Social Security Act.

It becomes fairly obvious that some of the reasons Social Security might conduct a continuing disability review of a case are innocuous in that improvement of the impairment was expected by everyone concerned and Social Security was simply following up to determine if the expected upgrade in the disabling condition did in fact ever materialize.  If the disabling condition is no longer impair the claimant’s ability to working then his benefits would be stopped.  However, it also becomes clear that a continuing disability review is sometimes conducted in situations where fraud is suspected by the Social Security administration.  Usually Social Security has received some kind of report that suggests that the claimant is at the time of the writing fully able to work and not entitled to receive benefits.  Sometimes this type of situation requires a discussion of the re-examination process with an attorney.   

Getting Legal Help

If you or a member of your family is receiving Social Security benefits for a disabling impairment to interferes with your ability to work and you have been noticed by Social Security of an upcoming continuing disability review examination of your case it may be helpful to discuss your concerns regarding the situation with a disability lawyer.  A disability attorney can assist the claimant by protecting his rights and interests.