Steps in the Social Security Disability Review Process

Step 1: Understand the Timing of Your Review

The SSA conducts a Continuing Disability Review (CDR) every few years, but the frequency depends on the nature of your condition. For example:

• Medical Improvement Expected: If the SSA believes your condition may improve, your review may occur every 6 to 18 months.
• Medical Improvement Possible: If your condition may improve, your review may take place every 3 years.
• Medical Improvement Not Expected: If your condition is not expected to improve, your review may take place every 5 to 7 years.

Step 2: The SSA Will Evaluate Your Medical Condition

During the review, the SSA will assess whether your medical condition has improved enough to the point where you can return to work. They will use the same criteria that were used when you first applied for benefits. The SSA will typically request updated medical records to make this determination. You may be asked to provide additional documentation or attend a consultative examination (CE) by a doctor chosen by the SSA.

Step 3: SSA Reviews Your Ability to Work

One of the main aspects of the review is determining if you are still unable to perform substantial gainful activity (SGA) due to your condition. The SSA will consider whether you can return to your previous job or if there are other jobs you can do based on your age, skills, education, and experience.

Step 4: The Five-Step Evaluation Process

Just as with the initial application process, the SSA will evaluate your situation using the five-step process to determine if you remain disabled:

• Step 1: Are you currently working?
• Step 2: Is your condition severe enough to limit your ability to perform work-related tasks?
• Step 3: Does your condition meet or equal a Listing of Impairments?
• Step 4: Can you do the work you previously performed?
• Step 5: Can you do any other type of work?

Step 5: What Happens After the Review?

After the review, the SSA will make a decision. They may determine:

• You Continue to Qualify for Benefits: If the SSA finds that your condition has not improved or that it remains severe enough to prevent you from working, your benefits will continue.
• Your Benefits Are Stopped: If the SSA finds that your condition has improved, and you can now work, your benefits will be stopped.
• You Receive a Trial Work Period: If the SSA determines that you are able to return to work but your condition is still severe enough to allow for limited work, they may offer a trial work period. This allows you to test your ability to work without losing benefits immediately.

Step 6: What If Your Benefits Are Stopped?

If the SSA stops your benefits, you have the right to appeal the decision. You can request a reconsideration or a hearing before an Administrative Law Judge (ALJ) if you disagree with the review's findings. Be sure to gather all medical evidence and information that can support your case during the appeals process.