Processing Delays with Social Security Continuing Disability Reviews
There are many steps in the continuing disability review process (CDR). Social Security has just completed an audit of the reconsideration phase of the process. This phase is not a complete number for all of the cdrs pending.
The Social Security Administration (SSA) discontinues benefits when a CDR reveals an individual no longer meets the medical requirements for disability. Individuals may appeal this determination. The first step in the appeal process—a pre-hearing case review at the reconsideration level—is a new, independent evaluation of all the evidence.
The Social Security Act allows individuals to continue receiving benefits during a medical cessation appeal. However, SSA assesses overpayments to individuals who received continued benefits and an unfavorable decision on appeal. In addition, SSA issues underpayments to individuals who did not receive continued benefits and received a favorable decision on appeal.
Of 68,647 CDRs that went through the pre-hearing case review step at the reconsideration level of appeal in Calendar Years 2014 through 2016, Social Security identified 15,952 with processing times that exceeded 6 months. Can you risk having to pay back Social Security tens of thousands of dollars?
It is critical that if you are on Social Security Disability or know of anyone on Social Security Disability, that they be prepared to explain why they should remain on Social Security Disability, waiting until you receive notice from Social Security that your case is being reviewed is a mistake. The day you receive your benefits is the day, you need to start to prepare to have your case reviewed. You will not be able to hire an attorney to help you.