December 12, 2019

Do I Need to Worry about Social Security Cutting Me Off in the Future?

Do you need to worry about Social Security cutting off your disability benefits under a continuing disability review?

Social Security has stepped up its use of CDRs in an effort to reduce the outflow of money from the disability trust fund.  Many members of Congress believe (incorrectly) that fraud is widespread in the disability program and that Social Security needs to put more effort into cutting off benefits to claimants who do have the capacity to work.

Most of the CDR cases we see involve disability claims for subjective medical problems like depression, anxiety, fibromyalgia, CRPS, post-traumatic stress and other “invisible illnesses.”

Claimants awarded disability based on closed head injuries or traumatic brain damage are less likely to be reviewed because their impairments are readily documented using objective medical testing like MRI scans or CT scans.

Further, traumatic brain injury claimants usually have on-going medical treatment and therapy so if Social Security does request updated  medical records, there is a good chance that newer medical records will continue to document significant work activity impairments.

In sum, if you were awarded disability benefits for a traumatic brain injury, there is a relatively small chance that Social Security will try to cut you off.

If you do get a CDR notice, however, make sure to contact a lawyer immediately.  You can and should appeal any attempt to terminate benefits and you do have the option of requesting that benefits continue while your appeal of a proposed termination is considered.