The Trump Administration has proposed a new set of rules regarding continuing disability reviews for people receiving Social Security Disability benefits. The proposed changes have the potential to cut tens of thousands of recipients from the program.
As the rules currently state, a continuing disability review is performed on disability cases every three to seven years, depending on the claimant age and circumstances. They are placed into one of three categories, though the agency is currently proposing a fourth.
The first category are children under the age of 18. These cases are required to be reviewed every three years for eligibility status. They are again reviewed six months prior to the 18th birthday of the child to determine if he or she meets the adult eligibility requirements. If not, then benefits are ceased on the 18th birthday. The second category is “medical improvement not expected.” These cases are reviewed every five to seven years. Third is “medical improvement possible” and they are reviewed every three years. The fourth proposed category is “medical improvement likely” to be reviewed every two years.
In addition to medical records and status, a CDR also considers current income and assets of the claimant. If the new rules apply, the Social Security Administration has stated it expects to conduct 4.4 million more continuing disability reviews over the next 10 years, with a projected savings of $2.8 billion from claimants who are cut from the program. If you are a Social Security disability claimant who has received notice of a CDR in your case, an attorney can assist in making sure the agency has your most updated information including medical records, income reports and list of assets. It is not recommended that you go before a judge alone.