How to Pass a Continuing Disability Review: Lawyer’s Tips (2024)

7 Tips on How to Pass a Continuing Disability Review

Despite the high passing rate for CDRs, you still need to prepare for it. Many have made the mistake of being complacent and ended up losing their benefits. If you want to keep your SSI or SSDI benefits, here are some tips on how to pass a continuing disability review:

1. Follow Your Treatment Protocol

One of the conditions for receiving disability benefits is that you must follow treatment protocols. This is the SSA’s way of ensuring you are doing your best to improve your condition.

If the SSA gets word that you are disobeying your doctors or are not following treatment protocols, they will schedule a CDR. They can ask your doctor for checkup records or any other evidence that you are following your doctor’s prescriptions.

Once they determine that your condition remains the same despite following your doctor’s orders, no action will be taken. You can keep receiving your benefits as usual. But if they find out that you are going against the treatment protocols, it can be a basis for stopping your benefits.

2. Learn More About Your Condition

During the review process, you will likely be asked questions about your condition. They will then cross-check it with your medical records. If what you’re telling them differs from what the records are saying, they will conduct further investigation. This can prolong the CDR process and might even result in a loss of benefits.

To prevent this from happening, make sure to learn more about your condition. Ask your doctor pertinent questions about your recovery status. Understand the basics of your disease and how likely you will be able to get back to work. This will help you answer any questions the SSA will have and pass your CDR with flying colors.

3. Be Honest With Your Doctor

In some disabling conditions, the bulk of a doctor’s diagnosis will depend on how the patient describes their symptoms. This is especially true for disorders that cannot be diagnosed through physical or laboratory tests, like mental health issues, multiple sclerosis, and fibromyalgia.

Even if your condition can be diagnosed with objective medical tests, you still need to be honest with your doctor. How you describe your symptoms will affect their diagnosis of the severity of your condition as well as your limitations.

If you tell your doctors you can walk five miles even if you can’t, they’ll note it in their report. If the SSA reads that, they won’t be too inclined to believe that you’re too disabled to work.

4. Answer the Short Form Honestly

To let you know that your CDR schedule is up, the SSA will send you a notice by mail. It contains either a short form or a long form.

The short form, also known as the Disability Update Report, is generally for those with permanent disabilities. It’s only two pages long and contains questions about:

  • post-disability employments
  • recent training programs attended
  • whether your health got better or worsened
  • doctor’s visits for the past two years
  • recent hospitalization or surgery

If your answers to these questions raise red flags to the SSA, they will send you the long form. The Continuing Disability Review Report (long form) is for those whose conditions are expected to improve. It’s ten pages long and contains more detailed questions about your medical condition and employment status.

As much as possible, answer the short form honestly. This will save you the hassle of filling up the long form and the anxiety of waiting for your results for a few more months.

5. Keep Copies of Your Medical Records

During your CDR, the SSA will either get your updated medical records from your doctor or ask for them from you.

If you can, keep copies of the medical records and any documents you’ve submitted to the SSA. Due to the volume of transactions, it’s not uncommon for the SSA to lose your documents. So it’s wise to keep a backup, just in case.

6. Inform the SSA of Any Change in Address

The SSA will send the CDR notice along with the short or long forms to your registered mailing address. If you moved and did not inform the SSA about it, those documents will be sent to the wrong address.

If you don’t receive it or do not send it back in time, the SSA may cut off your benefits. It may take several months before you can file an appeal and get your benefits back.

7. Hire an Experienced Social Security Disability Lawyer

You may think that hiring a disability lawyer is only applicable when you need to take your case to court. That’s not necessarily true. The sooner you hire an experienced social security disability lawyer like Victor Malca, the higher your chances of getting benefits or passing the CDR. Aside from helping you gather proper evidence, he can also advise you on the best course of action to increase your chances. He has already helped thousands of disabled individuals in Florida. He can help you keep your benefits too. Call us now for a free consultation.

Frequently Asked Questions

1. How Long Does a Continuing Disability Review Take?

The entire CDR process can take anywhere from 1 to 6 months. Though if you have to go through the four levels of the appeal process, it may take years.

2. How Do You Check Your Social Security Disability Review Status?

Any updates about your benefits or the status of any application can be viewed on your personal mySocial Security account. Just log in to your account to see your CDR’s status. The SSA will also send you a notice once they’ve made a decision.

3. What Are Your Chances of Passing a Social Security Disability Review After Age 55?

In general, your chances of passing a social security disability review increase as you get older. Some conditions (dementia, cataracts, etc.) worsen with age, making you more likely to be considered disabled. Plus, the older you get, the harder it is to learn new skills or shift to a different line of work. This decreases your chance of getting employed or engaging in any substantial gainful activity.

How to Pass a Continuing Disability Review: Lawyer’s Tips (2024)

FAQs

How to Pass a Continuing Disability Review: Lawyer’s Tips? ›

Do most people pass a CDR? Yes, more than 90% of recipients pass continuing disability reviews. It is much more difficult to get disability claims approved in the first place than it is to pass a CDR.

Do most people pass a CDR? ›

Do most people pass a CDR? Yes, more than 90% of recipients pass continuing disability reviews. It is much more difficult to get disability claims approved in the first place than it is to pass a CDR.

What questions are asked on a disability review? ›

At the review, we'll ask how your medical condition affects you and whether it's improved. We'll ask you to bring: • Your doctors' names, addresses, and phone numbers. Any patient record numbers for any hospitals and other medical sources that have treated you since we last contacted you.

How to pass a disability update report? ›

Ten Tips and Tricks for Filling Out a Disability Update Report (SSA-455-BK)
  1. # 1 – Understand the Short Form. ...
  2. # 2 – Try Not to Get Too Stressed. ...
  3. # 3 – Make a Copy Before Starting. ...
  4. # 4 – Answer Honestly. ...
  5. # 5 – List Your Reason For Doctor's Visit. ...
  6. # 7 – Advanced trick: Look Up Your Profile Code.

How long does a CDR review take? ›

Others must complete the long-form, SSA-454, the Continuing Disability Review Report. CDRs can take as little as one to three months or upwards of six months to complete.

How to pass a continuing disability review? ›

How to Pass a Continuing Disability Review (7 Easy Ways)
  1. Hire an Experienced Social Security Disability Attorney. ...
  2. Follow Your Medical Treatment Protocol. ...
  3. Maintain Communication with Your Doctors. ...
  4. Keep Copies of Accurate and Complete Medical Documentation. ...
  5. Submit All New Medical Evidence Before the Review.
Feb 9, 2023

What is the acceptance rate for CDR? ›

Although the CDR process can be scary and intimidating, remember – more than 90% of cases are approved for continued benefits. To help ease your worries, even more, our office can help you complete and submit your Form 454; you pay us a retainer, which we keep only if your benefits are continued.

What is the most approved disability? ›

What Is the Most Approved Disability? Arthritis and other musculoskeletal system disabilities make up the most commonly approved conditions for social security disability benefits.

How do you describe pain to a disability judge? ›

Don't just say, "It hurts." Describe what your symptoms feel like, the same way you have probably described your symptoms to members of your family. Describe the nature, intensity, and location of pain, whether it travels to different parts of your body, how often you have pain, and how long it lasts.

What not to say during an SSDI interview? ›

Be honest and transparent about your disability, but avoid minimizing the impact of your symptoms or limitations on your daily life. Avoid statements such as “It is not that bad” or “I can still do some things” during your interview with the claim examiner.

Is a continuing disability review for mental illness? ›

As such, they are usually labeled as Medical Improvement Not Expected (MINE). Beneficiaries with permanent psychological disorders are generally subjected to CDR once every five to seven years. But if the SSA determines your mental disability is treatable, you will be scheduled to a CDR more often.

What is the 5 year rule for Social Security disability? ›

Once your benefits stop, you have five years to reapply through expedited reinstatement and qualify for temporary payments while you wait for a decision. Each year, this five-year grace period helps thousands of workers get back on benefits slightly faster than if they started a new application from scratch.

Is it hard to lose SSDI? ›

Most people who collect SSDI will receive benefits indefinitely, but some life events can cause the SSA to terminate payments. If you receive disability benefits, you could stop receiving payments for reasons like: Going back to work: The most common reason for SSDI termination is the beneficiary returning to work.

What triggers a CDR review? ›

Triggered CDRs

Your medical evidence indicates that your condition has improved. A third party informs the SSA that you are not following your treatment protocol, or. A new treatment for your disabling condition has recently been introduced.

At what age do CDR's stop? ›

The frequency of your CDRs depends on your age, your disability, and the likelihood that your condition will improve. While most disabled people keep receiving benefits until full retirement age (67, when benefits switch from disability to retirement), some people recover enough from their condition to return to work.

What are red flags on SSA-455 disability? ›

Red flags on the form which might alert Social Security include: earning more than $1,350 per month if non-blind or $2,260 if blind; stating that your health is better than it was at your last review; stating your doctor told you that you could return to work; or.

Is a disability update report something to worry about? ›

Social Security periodically reviews the condition of all Social Security disability recipients to confirm they still fit the definition of disabled – that is, that they are still unable to work. These reviews are called continuing disability reviews. So the letter you received is just routine.

How likely is it to lose disability benefits? ›

In most cases, you will continue to receive benefits as long as you have a disability. However, there are certain circ*mstances that may change your continuing eligibility for disability benefits. For example, your health may improve or you might go back to work.

How often are CDRs? ›

We call this review a Continuing Disability Review (CDR). The law requires us to perform a medical CDR at least once every three years, however, if you have a medical condition that is not expected to improve, we will still review your case, once every five to seven years.

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