Medical Continuing Disability Reviews (CDRs)

When to Expect a CDR: Depends in part on the classification of the impairment for which benefits were granted.

• Medical Improvement Not Expected (MINE): Social Security Administration (SSA) will review once every 5 to 7 years.
• Medical Improvement Possible (MIP): SSA will review once every 3 years.
• Medical Improvement Expected (MIE): SSA will review 6 to 18 months following finding of disability.
• Vocational Re-examination cases: SSA will review recipients enrolled in vocational program, which may improve ability to work, at the end of the program.
• One of these factors is present: advance in technology, completion of trial work period, substantial earnings reported, recipient or other person reports to SSA that individual returned to work or has recovered.

The Medical Improvement Standard: During a CDR, SSA must determine whether there is any decrease in the medical severity of the impairments which were present at the time of the most recent decision finding that the recipient was disabled or continued to be disabled. "Comparison point date" is the term SSA uses to describe this process.

• A decrease in medical severity must be shown by changes in medical signs, symptoms, and/or laboratory findings.
• Upon review, if there is no medical improvement, then the CDR ends and benefits are continued.
• SSA cannot terminate benefits unless it determines that medical improvement has occurred and that the recipient's condition has improved to the point where he or she can return to work.
• If SSA determines that medical improvement exists, it must then determine whether the recipient's current condition(s) is severe.
• If the person’s current condition is not severe, the process ends. The person will no longer be considered disabled and benefits will be terminated.
• If the person’s current condition is severe, SSA must then determine whether the recipient's current condition meets the regular eligibility standards for a finding of disability.

• If yes, the recipient's benefits will be continued.
• If no, the recipient's benefits will be terminated.

• If the CDR results in a decision to terminate the benefits, SSA must send a recipient a written notice of the termination that includes:
• An explanation of the specific reason for termination;
• Notice of appeal rights;
• Notice of the right to elect continuing benefits, at each stage, pending a hearing before an administrative law judge;
• The recipient must elect to continue receiving benefits within 10 days of receipt of the notice of termination unless he or she can show that they had good cause for failing to act timely.

• Work-triggered CDRs were eliminated effective January 1, 2002 for persons who have received SSDI benefits for at least 24 months.
• No CDR may be scheduled solely as a result of the individual’s work activity
• No work activity may be used as evidence that the individual is no longer disabled
• No cessation of work activity may give rise to a presumption that the individual is unable to engage in work

• Suspension of CDRs for Ticket holders
• Under the new Ticket to Work and Self Sufficiency program, a person who is using a Ticket will not be subject to a medical CDR
• The Ticket program was started in New York during 2002

Prepared by Neighborhood Legal Services, Inc. - Updated January 2008
(716) 847-0650 • Work Incentives Hotline: 1-888-224-3272 • www.nls.org

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