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i have received long from CDR for disability review

i have received long from...
i have received long from CDR for disability review. How much time do I have to answer it as there is no response date in the letter. Would it be beneficial to attach medical record or let SS get directly from the doctors. Would it benefit to list ALL the doctors or only the ones that I feel more prone to provide benefitial response. What is the rough time-line for getting through CDR review assuming that I have to appeal.

thank you
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Answered in 7 hours by:
5/2/2013
rakhi.v
rakhi.v, Lawyer
Category: Legal
Satisfied Customers: 4,546
Experience: Graduated in Law with emphasis on finance and business laws and have working experience spanning almost a decade.
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Dear Friend,

Hello and welcome.. Thank you for using JustAnswer, your business is valuable for us.

On an average, about two years and half years to be declared disabled. All Social Security Disability benefits recipients are occasionally subjected to a Continuing Disability Review. These reviews are a normal part of the Social Security Disability benefits procedure, and are usually nothing to be alarmed about. Most cases receive a Continuing Disability Review every three years, though some may be reviewed more or less often.

Having said this, if it is determined that your medical or mental condition has not improved, you will continue to be eligible for Social Security Disability benefits. If your condition has improved, your case is likely to be recommended for further review.

If you have suffering in the same manner, with no improvement, it is advised that you should attach medical record so that even if SS gets directly from the doctors, you would better substantiate yourself.. Listing all the doctors is not required. Just list the one which whom you have been interacting recently, especially in last 3 years.

No that this is not an issue to get alarmed about, it is just a routine periodical exercise. Just be candid enough to disclose your facts as SS would find it anyway. If your disability stays, so will be your benefits and so you need not worry.

On the contrary, The Continuing Disability Review will also take into consideration any additional medical or mental conditions and treatments which have developed since your last review (or since your Social Security Disability benefits were first approved). It is important to keep careful records of all doctor’s visits, treatments, medications, new symptoms, and changes in existing conditions while you are collecting Social Security Disability payments, whether through SSDI, SSI or both.

So, nothing complicated, just attach all your medical records if your disability is present and you will have a easy walk to substiante your conditions.

You may please leave a positive rating if this helped. Or, please feel absolutely free to revert with additional queries and I shall be more than happy to keep assisting you.

Warm Regards
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Customer reply replied 4 years ago

I would like you to opt out. I need an attorney. You did not answer me how much time it takes to respond. You did not tell me whether attaching or not attaching records would benefit the chances of the approval. You did not tell me the benefits/drawbacks of telling SS about ALL or just some doctors. You did not tell me about the timeline for the CDR process including appeal. And I should respectfully XXXXX XXXXX you that I should not worry -- I estimate my chances with my condition to be 50/50 of being approved. And likely I need to hire a lawyer.

Dear XXXXX,

I shall request the moderators to send this question in legal category. I am opting out so that other expert can help you with.

Warm Regards
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Alexia Esq.
Alexia Esq., Managing Attorney
Category: Legal
Satisfied Customers: 13,580
Experience: 19 Years of Legal Practice Experience in this precise field.
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Hi, my name is XXXXX XXXXX I thank you for your inquiry. I have been practicing SS law for 10+ years and look forward to assisting you.

You are talking about U.S. Social Security Disability, yes? If so, can you please tell me what State you are in?
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Customer reply replied 4 years ago

it is NY and my question deals with long form CDR for Social Security disability.

Hi again, and thank you.

i have received long from CDR for disability review. How much time do I have to answer it as there is no response date in the letter. Typically they ask for it to be returned within 10-15 days (which can be hard considering the mail seems to go out AFTER the date on the letter and, and the P.O. tends to be slow). If you don't believe you will have it back to them (mail it with proof of mailing) in that time frame, I suggest calling the adjudicator to let him know, and when you think you can get it done.

Would it be beneficial to attach medical record or let SS get directly from the doctors. If you happen to have records on you from the last 12 months that show you are not improved or have worsened, by all means, send them. If you have clearly improved but you have records showing how very limited you remain in capacity to perform work related tasks nonetheless, it wouldn't hurt to produce them. With any luck, the medical provider will not respond to the request for records in a timely manner and the adjudicator will rely on what you sent.

Would it benefit to list ALL the doctors or only the ones that I feel more prone to provide benefitial response. Legally speaking, the form asks for all providers of the last 12 months, so legally speaking, you are expected to provide them to the best of your ability. If you don't, you also run the risk of Dr. Good's records referencing the other doctor (i.e. patient treated with Dr. Bad last week) and i being clear to the adjudicator that you left out Dr. Bad.

What is the rough time-line for getting through CDR review assuming that I have to appeal. Don't assume you have to appeal, just be prepared just in case. Typically, you will have a few months, minimum, for the first decision. If it is one of cessation, you will want to appeal within 60 days (or 10 if you want benefits to continue pending appeal) and you may get a reconsideration with a hearing with a hearing officer. If you lose that, you again appeal, this time for a hearing before an ALJ. The wait for a hearing before an Administrative Law Judge can be a year or more, and the time frame does fluctuate based on case loads, staff levels, etc. I could feasibly less than a year, currently.

As noted above, IF you do get a cessation by the DDS, you can ask that your benefits be continued pending your appeal. However, if you lose your appeal, it is possible that you will be ordered to repay this overpayment. I do suggest that if you experience a cessation, you retain an SSD attorney to represent you on appeal. Because there are no 'back benefits' when you win your appeal (since most people opt to continue their benefits pending appeal), most lawyers will NOT take the case unless you pay a retainer held securely in the trust account (on your behalf) so that if and when the lawyer wins the appeal, and you both receive written SSA approval of a fee, the lawyer can pay the bill from the retainer, sending you any balance remaining. For this reason, you may want to save up now for that, at least a couple or three thousand dollars.


thank you
Welcome. Good luck!

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions.

Sincerely,

Alexia Esq.

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Customer reply replied 4 years ago

Thank you very much for your response.


Is it true that if I do not respond to the first CDR letter from SS office -- then SS office would automaticly send me another one in 90 days, without any reprocussions ? I tried to call the main SS office after I have just received the CDR letter -- and the main office has no record of ever sending the letter. The main office suggested that I call local office -- but the local office does not take any phone calls! if I have questions on CDR -- then how to I go about it in my situation -- barring scheduling face to face meeting in the local office -- which also may not get me anywhere.


I presume that if I respond within 10 days after the first level of denial -- I would retian BOTH my SS disability and Medicare. However, if I lose after the first level of appeal -- then BOTH disability and Medicare benefits will be denied -- and if I win the second level of appeal -- then I would get the disability benefits back -- but what happends with the Medicare benefits?


 


Is there a way to get my a copy of my original submittal to SS office from 2 years ago -- which SS used as a basis to to put me on SS disability.


 


I have some more questions -- but will ask via a separate question

Thank you very much for your response. You're welcome.


Is it true that if I do not respond to the first CDR letter from SS office -- then SS office would automaticly send me another one in 90 days, without any reprocussions ? It may depend on which office sent it to you. It could be your Field Office or it could be Wilkes Barre, but generally they resend after 4 months of non-receipt. HOWEVER, please don't feel comfortable laxxing off because of what their internal operations tell the to do - because they don't always follow that path and a denial will still be a denial you must appeal if they drop that ball. Moreover, you could miss the second mailing if the P.O. loses it, etc., and miss the boat on appealing altogether.

I tried to call the main SS office Main office?

after I have just received the CDR letter -- and the main office has no record of ever sending the letter. The main office suggested that I call local office -- but the local office does not take any phone calls! Many do not, so you will want to take a trip down there in person should you feel the need.

if I have questions on CDR -- then how to I go about it in my situation -- barring scheduling face to face meeting in the local office -- which also may not get me anywhere. Face to face is by far better than phone call. You can get paper proof you were there, right in your hand, including a copy of any paperwork completed while you were there - can't get that on the phone. Ideally, if you are having trouble understanding how to BEST accurately answer the questions, you would want an experienced SS attorney. However, you can have a staffer at your local office help as well. Just beware of the fact that it is a staffer at an agency seeking to save money, that is under-staffed, and under-budgeted - who may not have your success as a goal. Not that he/she would have your failure as a goal - but their would seem to be a possible conflict of interest. I have met staffers whose personal biases against disabled person would seem to make a job working with such individuals inappropriate for him/her - yet their he is.


I presume that if I respond within 10 days after the first level of denial -- I would retian BOTH my SS disability and Medicare. Only if you ask to continue payments. Did they include instructions on that aspect? If not, include a letter specifying that - and mail it certified, RRR. Or if 10 days is upon you, hand deliver but get a stamped "filed" copy with date on it (bring spare copy for stamping).

 

However, if I lose after the first level of appeal -- then BOTH disability and Medicare benefits will be denied -- You would again appeal in a timely manner and request that they remain (If you are appealing for an ALJ hearing)(if it is appealing to the Appeals Council, you lose both, pending)

and if I win the second level of appeal -- then I would get the disability benefits back -- but what happends with the Medicare benefits? Should be the same - they are hand in hand.



Is there a way to get my a copy of my original submittal to SS office from 2 years ago -- which SS used as a basis to to put me on SS disability. Oh yes, you will ask for a copy of your file on CD. Put it in writing, mailed cert. rrr, and you can also go into your local office. Definitely want to do that.



I have some more questions -- but will ask via a separate question Thank you, XXXXX XXXXX that.

Alexia Esq.
Alexia Esq., Managing Attorney
Category: Legal
Satisfied Customers: 13,580
Experience: 19 Years of Legal Practice Experience in this precise field.
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