Friday, November 11, 2022

Is SSD Permanent? No.

The Social Security Administration (“SSA”) will periodically conduct continuing disability review (“CDR”) to determine if you remain disabled.  The regulations state that a CDR should be done at least once every three years, unless you have a medical condition that is not expected to improve, in which case the CDR should take place every five to seven years. If the SSA determines that your medical condition has improved, then your Social Security Disability (“SSD”) benefits will be terminated.

We represent a 34 year old financial services manager who the SSA found disabled in 2018 due to IBS. However, the SSA terminated his benefits on the grounds that his health had improved, and he retained us again. On reconsideration, we were able to obtain reports from the claimant’s doctors that explained how the objective medical evidence supported his persistent functional deficits. As a result, the SSA reversed its decision, and reinstated SSD benefits.

The SSA has been increasingly seeking ways to reduce the number of claimants collecting SSD benefits. You cannot assume that you will continue to receive SSD benefits until you reach retirement age. That is why it is vital that you continue to see your doctors on a regular basis even after you are approved for SSD benefits.  It is equally as important to retain an experienced Social Security Disability attorney if the SSA erroneously terminates your benefits.  Our office offers free phone consultations and we have offices located on Long Island in both Nassau and Suffolk counties.