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Manfred F. Ricciardelli Jr., LLC
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Q
My medical condition hasn’t changed, but my benefits are being denied after my case review. How is this possible?

A

The Social Security Administration is required to periodically review the case of every single person receiving disability benefits. These reviews are known as continuing disability reviews (CDR), and they will generally occur every three or seven years, depending on your projected medical condition at the time of your application or last review.

For the most part, these reviews are just to ensure that you are still disabled and unable to work, and if there have been no changes to your medical condition, you usually will not have to worry about your benefits being denied. In some cases like yours, however, the Social Security Administration may deny your benefits despite the fact that your medical condition is unchanged—this is called an exception.

Of course, in order for an exception to be considered allowable, there are several rules in place. If your medical condition is unchanged, your benefits may be denied if you are able to engage in substantial gainful activity based on one of the following:

  • You are earning an amount greater than the established substantial gainful activity level ($1,090 per month, or $1,820 per month for blind individuals).
  • Your initial disability determination was incorrect.
  • You have received training or education that allows you to work within your residual functional capacity (RFC).

Your benefits can also be denied based on your behavior, including cooperation with the review, possible fraud, or failure to follow your medical treatment properly.

It can be very frightening to have your benefits denied, especially if you feel that it is in error. If your benefits are denied after your CDR, you may be able to appeal the decision, and even continue receiving benefits during your appeal process. To learn more, click on the live chat link or fill out the online contact form to be connected with a firm representative now.

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