Social Disability Lawyer Blog

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What to do if you get a CDR?

What to do if you get a CDR?

What to do if you get a CDR?

The Social Security Administration has long used CDR for evaluating a person's benefits for further grants or discontinuation. Despite running periodical reviews, the CDR has a long and clean record of running review processes to prevent fraud and abuse of the benefits. It ensures that the benefits are only available to those most deserving.

In the last article we discussed what could trigger the SSA to run a CDR process even when it may not be due. The triggers can include but are not in any way limited to:

  • Providing false information on claims;
  • Concealing facts or events which affect eligibility for Social Security Disability claims;
  • Misuse of the disability benefits using a false representative payee;
  • Selling your benefits to a third-party;
  • Buying or selling of Social Security cards assigned to you;

Apart from a review process due to fraud or abusive practices related to the benefits, the social security also does periodical reviews. (insert article on CDR).

What to do if CDR cancels your benefits?

If the SSA determines that you are no longer eligible to continue receiving benefits, your benefits will continue only for two more months unless you make an appeal for reconsideration. It is imperative that you appeal for reconsideration within 60 days of receiving the denial notice after CDR.

*If you want to continue receiving your benefits until your case is verified, you need to apply for reconsideration within 10 days of the denial of your benefits.

Here are some important steps that you can take to increase the chances of your reconsideration appeal accepted:

  • Request a face-to-face meeting with disability officer

You would need to file the document at your local Social Security Office, that would be listed on your denial letter. A disability officer at your local officer would decide in favor or against your case. However if you have applied for reconsideration and are denied the claims again, then the Social Security Administration would charge you for overpayment of the benefits. You would need to return that amount to the SSA regardless. Fortunately you can appeal to the officer's decision by requesting a hearing from an administrative law judge.

  • Request a hearing with an Administrative Law Judge, ALJ

If you think your benefits were denied unfairly or do not agree with the disability officer's decision after reconsideration, you can request a hearing from an administrative law judge by filing and submitting the HA-501 form to the SSA. You can continue to receive benefits while your case is decided in the court, however you would still need to file a separate application for that within 10 days of denial of your benefits.

  • Request with the Appeals Council

If you are not happy with the administrative law judge's decision on your disability benefits reconsideration case then you may apply to the Appeal's Council for reconsideration. Unfortunately, this time your benefits would not continue while your case is being decided on. You may fill the HA-520 form with all the supporting documents and submit to the SSA to request an appeal with the Appeals Council.

You should file your forms properly with all the supporting documents that may help elevate your appeal application's success. The documents may include medical records, doctor reports, supporting witnesses, physician statements, test reports and anything else you think would help your case.

Although you may file and submit the applications yourself but your chances of success may increase if you do the process by talking to a disability attorney.

Tips for filing a request with an administrative l...
Continuing Disability Review (CDR)

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Thursday, 25 April 2019