STILL DISABLED? 

SSA WANTS TO KNOW

Social Security is supposed to review cases every so often. In a "continuing disability review" (CDR), Social Security looks at a disabled person's medical history since receiving benefits. In the past few years Social Security has done few of these reviews. However, Congress, looking to save money, has insisted on a greater rate of review of disability files. By 1999 Social Security will review 1,000,000 cases per year. 

There is some good news. Historically Social Security has retained 90% of the cases it reviews.  However, this rate may change as Congress and Social Security continue to squeeze the disability program to help balance the budget. 

You will know if your case is being reviewed because you will receive a letter from Social Security with a form called a Disability Update Report. The Disability Update Report asks several questions about your health and vocational situation. 

It is especially important that you let Social Security know that you have been going to the doctor regularly. 

Some cases will be reviewed regardless of how you answer the Disability Update Report. Social Security will be reviewing cases more often where the benefit recipient is a younger person, has a mental disability, or has a condition where medical improvement is expected or possible. 

In about half of the cases where a questionnaire is sent out, Social Security will do a full review of the disability status. This means that Social Security will gather the medical evidence and ask that you go to an examination by one of their doctors. The process is similar to the initial application process. 

You will then receive a letter from Social Security telling you whether or not your case has been terminated. Most likely, Social Security will continue your benefits. However, if you do receive a notice of termination, it is important that you appeal the decision right away. The time-lines for appealing are tricky with CDRs. You have sixty days to appeal a decision. But if you appeal the decision within ten days, you can elect to continue receiving benefits while the appeal is pending. If you ultimately lose your case, you may have to pay Social Security back the benefits you received after your initial termination. Most people take that chance. 

If your case is terminated, you may face a difficult process on your own. Most attorneys do not handle CDRs. Therefore, you need to do what you can to help yourself with your case. The Hawkins Center has recently published a self-help manual which can help you understand and advocate for yourself when confronted with a CDR. 
As always, it is important to remember that your voice can impact policies that Social Security makes. You can make your opinions known  to your Congressperson and Senator as well as to President Clinton. If you feel that trying to balance the budget by eliminating people from Social Security is unfair, let your elected officials know. 

What To Do Now

The first question to ask yourself is, "Can I go back to work?" If your answer is "no," you must continue to assure accurate medical information about your health. Go to the doctor when you feel sick, even if you feel that he or she has no treatment for you. This is important because when Social Security reviews your file, if it finds that you are not going to the doctor, it will assume that you are not sick. 

On the other hand, if you feel that you can go back to work, you need to begin taking steps to train yourself for a good job. Social Security rules provide several incentives for going back to work. 

For people who receive SSI, you can write a PASS plan which will allow you to receive extra money or earn money without having your benefits discontinued. In Contra Costa County the Independent Living Resource Center helps people write PASS plans. You can call them at (800)633-4644. 

If you only receive Social Security Disability Insurance Benefits, you can work for up to nine months and earn any amount of money before Social Security will determine that your disability has ended. If before the end of nine months your medical condition prevents you from continuing with work, you can continue to get benefits. 

A great source of information for anyone who wants to train for a good job is the California Department of Rehabilitation. The nearest office is listed in the phone book under the State Government listings.