How to Pass a Continuing Disability Review in New York Image

Imagine losing your Social Security disability benefits because of a routine review. It’s a devastating thought, especially if your medical condition hasn’t improved. If you’re facing a continuing disability review in New York, you might feel anxious and overwhelmed. But don’t worry – Fusco, Brandenstein & Rada, P.C. can explain what it takes to pass a continuing disability review in New York.

The Social Security Administration (SSA) conducts continuing disability reviews to ensure that recipients still qualify for Social Security Disability Insurance (SSDI) benefits.

Working through the review process on your own can be challenging, but with the right preparation and support, you can increase your chances of a successful review outcome. In this blog post, we’ll explore what makes the SSA order a continuing disability review, how to prepare for the review process, and what to expect during the review itself. We’ll also discuss what happens if your benefits are ceased and how our experienced disability attorneys can help you every step of the way.

What Triggers a Continuing Disability Review?

Several factors can trigger a continuing disability review:

  • It’s been 6-18 months since your initial approval, and the SSA expects your condition may improve
  • You’re under age 50 and receiving SSDI or SSI benefits
  • You returned to work after being approved for benefits
  • The SSA received a report that your condition has improved
  • A new treatment became available for your disabling condition

Most SSDI recipients will undergo a review every three to seven years. The frequency depends on the severity and nature of your disability. If medical improvement is expected, reviews may occur more often. If no medical improvement is expected, you will have a review at least every seven years but no more often than every five years.

Preparing for the Review Process

When a continuing disability review is triggered, you’ll receive a notice in the mail from the SSA. The first step is filling out the Continuing Disability Review Report, which asks about your current condition, medical treatments, work activities, and daily functioning. Be thorough and detailed in your responses.

Gather up-to-date medical records from all your healthcare providers that document your ongoing disability, including:

  • Doctor/hospital visits
  • Prescribed medications
  • Therapy/rehabilitative services
  • Surgical procedures
  • Lab tests and scan results

If you’re working part-time, include information about your job duties and earnings. You’ll need to show that you’re not engaging in substantial gainful activity (SGA).

What to Expect During the Review

After submitting your Continuing Disability Review Report and medical records, your case will be assigned to a disability examiner for review. The examiner may contact you for additional information or to schedule a consultative exam with an SSA doctor.

In some cases, you may receive an SSA review phone call from the examiner asking questions about your disability. Answer honestly and thoroughly. Explain how your condition continues to limit your ability to work and perform daily activities.

The disability examiner will then make a determination on whether you still qualify for SSDI benefits. If your condition has not improved and you’re not working above the SGA level, you’ll continue receiving benefits as before. If medical improvement is found, your benefits may be stopped.

The whole process can take anywhere from three to six months in most cases. If your review is randomly selected for quality assurance, it may take longer.

What If Your Benefits Are Ceased?

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If the SSA finds that you no longer qualify for disability benefits, you have the right to appeal the decision. You must request a reconsideration within 60 days of receiving the cessation notice.

During reconsideration, a new disability examiner will review your case to determine if the initial cessation was correct. If your appeal is denied, you can request a hearing before an administrative law judge. You may want to hire a disability attorney at this stage to improve your chances of a favorable outcome.

We’re Here to Help You Through the Process

Continuing disability reviews can be stressful, even if your condition hasn’t improved. The application and appeals processes are complex. An experienced Social Security disability lawyer can help you understand your rights and build the strongest possible case.

At Fusco, Brandenstein & Rada, P.C., we assist clients with all aspects of the SSDI process, from initial application to continuing disability reviews and appeals. Let us put our knowledge to work for you. Call 516-496-0400 or contact us online today for a free consultation with a member of our legal team.

Last Updated : July 8, 2024
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