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Henry G. (Unregistered Guest)
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, July 01, 2005 - 11:30 am: | 
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Okay, so my complain for SSDI was approved in March 2004. The date my disability began was determined to be July 2001. If the SSA conducts a full-scale CDR, which date will they use for the CPD (comparison point date) for the MIRS (medical improvement review standard)? |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1297
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, July 05, 2005 - 10:00 am: |
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The date of your most recent decision finding you disabled, that is, July of 2001.
See 20 CFR SEC 404.1594:
"(1) Medical improvement. Medical improvement is any decrease in the medical severity of your impairment(s) which was present at the time of the most recent favorable medical decision that you were disabled or continued to be disabled."
So, how often will they review? It depends onhow serious they think your condition is:
20 CFR SEC 404.1590 When and how often we will conduct a continuing disability review.
"(d) Frequency of review. If your impairment is expected to improve, generally we will review your continuing eligibility for disability benefits at intervals from 6 months to 18 months following our most recent decision. Our notice to you about the review of your case will tell you more precisely when the review will be conducted. If your disability is not considered permanent but is such that any medical improvement in your impairment(s) cannot be accurately predicted, we will review your continuing eligibility for disability benefits at least once every 3 years. If your disability is considered permanent, we will review your continuing eligibility for benefits no less frequently than once every 7 years but no more frequently than once every 5 years. Regardless of your classification, we will conduct an immediate continuing disability review if a question of continuing disability is raised pursuant to paragraph (b) of this section."
So, what are the circumstances in paragraph (b) that would lead to immediate review?
"(b) When we will conduct a continuing disability review. A continuing disability review will be started if--
(1) You have been scheduled for a medical improvement expected diary review;
(2) You have been scheduled for a periodic review (medical improvement possible or medical improvement not expected) in accordance with the provisions of paragraph (d) of this section;
(3) We need a current medical or other report to see if your disability continues. (This could happen when, for example, an advance in medical technology, such as improved treatment for Alzheimer's disease or a change in vocational therapy or technology raises a disability issue.);
(4) You return to work and successfully complete a period of trial work;
(5) Substantial earnings are reported to your wage record;
(6) You tell us that you have recovered from your disability or that you have returned to work;
(7) Your State Vocational Rehabilitation Agency tells us that--
(i) The services have been completed; or
(ii) You are now working; or
(iii) You are able to work;
(8) Someone in a position to know of your physical or mental condition tells us that you are not disabled, that you are not following prescribed treatment, that you have returned to work, or that you are failing to follow the provisions of the Social Security Act or these regulations, and it appears that the report could be substantially correct;
(9) Evidence we receive raises a question as to whether your disability continues; or
(10) You have been scheduled for a vocational reexamination diary review." |
Henry G. (Unregistered Guest)
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, July 18, 2005 - 7:00 pm: |
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So if Vocational Rehab reports that you are working, your case might be reviewed under this provision? What if you are working far less than SGA, and with special on-the-job accommodations/supports? Will minimally work activity reported by the voc rehab agency be enough to get a review? In the case of a mental illness, for example, one might be able to do a minimal amount of work with special allowances. Yet, one might be able to undergo a minimal program. But it sounds like your case can easily be set up for review. |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1403
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, August 03, 2005 - 5:36 pm: |
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Frankly, I am not sure how the Administration picks the claimants they review. But income does tend to trigger review. Not necessarily termination; just review. |
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