What is continuing disability review?

Continuing disability review, or "CDR", is the process that SSI uses to decide whether someone is still medically qualified to receive SSI benefits. This fact sheet is about how this process works for children under 18 who are receiving SSI.

How often does this review happen?

SSI is required under the law to medically re-evaluate every child under 18 who is receiving SSI at least once every 3 years.

What is involved in a CDR?

Different types of information will be requested:

  • The child's parent, guardian or representative payee will need to answer questions about the child's medical condition and treatment;
  • Information from the child's doctor will also be needed;
  • You may also be asked to give information from other sources like the child's school, or some other place which has reason to know how the child is doing and what, if any, problems the child may have.

It is very important to give up-to-date information, both medical and otherwise, about the child's condition from whatever sources know about his or her condition. Failure to cooperate is grounds for denying continuing benefits.

How will SSI make decisions about a child's continuing disability?

SSI will look at whether there is medical improvement in the child's condition. To do this they will compare the child's condition now with his or her condition when SSI last decided that he or she was disabled.

If the child's condition is the same as, or worse than, it was the last time he or she was determined disabled, then there is no medical improvement and the child continues to be disabled. If the child is doing better, there may be medical improvement.

The CDR considers both medical and "functional" evidence. "Functional" evidence has to do with what the child can do. If the child is found to be functionally limited, this means that some of what he or she can do falls significantly below what would be expected of a normal child of the same age.

What happens if SSI decides that my child is no longer disabled?

If SSI decides that your child is no longer disabled and should not receive SSI, they must send you a decision in writing. It will explain why SSI thinks the child is no longer disabled and what your appeal rights are.

Can I appeal the decision?

Yes.

When must I file the appeal?

An appeal must be filed with social security within 60 days from the date on the notice. Five (5) additional days are allowed for mailing. In some very limited cases, an appeal may be filed late if the person appealing can show that there was a good reason for appealing late. This is called a "good cause" exception. But it is much better to file all appeals on time.

How do I file the appeal?

The first appeal from a CDR denial is called a "reconsideration." The one page form to request reconsideration can be obtained from any local Social Security office, or at http://www.ssa.gov/online

What happens next?

After the reconsideration request is made, a meeting will be scheduled for a "disability hearing" at an office set up for this purpose. The "hearing" is more like a conference or discussion. It is very informal. The person who is in charge of the "disability hearing" and will make the decision at the end of the hearing works for a state agency which is hired by Social Security to make CDR decisions.

What will happen at the disability hearing?

The adult responsible for the disabled child may appear with the child at the hearing. He or she may also put in more evidence about the child's condition. At the hearing, you may also explain what the child's problems are and how they affect the child, medically and also in connection with the child's ability to function. A written decision will be issued after this "hearing."

What if the decision after the hearing is still to deny the child continued SSI benefits

The child has a right to request an Administrative Law Judge (or ALJ) hearing. Generally, an Administrative Law Judge is more independent than the disability hearing officer at the earlier proceeding. Again, new evidence may be submitted, and witnesses may be questioned or cross-examined. After this hearing, a written decision will be issued.

Can the child have a lawyer or representative at the hearing?

The child is entitled to be represented at each stage of the process, but Social Security has no duty to provide a representative.

It is best to have representation if possible. If you live in New York City and think that you may be financially eligible for free legal services, call our main office at (212) 431-7200 for a referral to the Legal Services office nearest you. Or use the lawhelp referral directory to find a lawyer by going to www.lawhelpny.org/find-legal-help

Was this information helpful?

Last Reviewed: December 2, 2011