Gardberg & Kemmerly, P.C. Attorneys at Law

What is a Continuing Disability Review?

Many times when a Social Security Disability (SSD) claim is approved, an Alabama judge will also order a Continuing Disability Review, also known as a CDR. Some illnesses for which claimant's apply for disability can have significant improvement with the correct treatment and patient compliance. In many cases, especially those in which a claimant is diagnosed with a progressive disease, such as diabetes, symptoms worsen drastically over time without treatment.

Administrative Law judges hear case after case where a claimant has not received proper, or even any, ongoing medical treatment due to lack of insurance and income. Had that person had the means to obtain medical treatment, the condition would likely never have gotten to the point of a need to file for disability. In these cases, a judge can approve a disability claim with a recommended CDR.

The goal is to allow the patient to have insurance coverage through Medicare, and give them the financial means to see doctors and purchase prescription medications. If the judge schedules a CDR in three years, this means that he or she expects a claimant's condition to improve enough that substantial gainful work activity may again be possible.

For claimant's whose condition is not expected to improve, a Continuing Disability Review may still be conducted every seven years. If there is a case backlog, that time frame can be even longer. The purpose of this is to allow medical treatment and work activity records to be updated by the Social Security Administration. Most claimants continue to receive disability benefits after a review. However, if work activity is discovered, benefits can and likely will, be ceased.

Consulting with a Social Security Disability attorney upon notice of a Continuing Disability Review hearing can help ease one's mind. It can also answer questions about what to expect and what a judge will consider.

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