Can Social Security Take Away Your Disability Benefits?
Can Social Security take away your disability benefits? This is one of the most common questions we here at Cannon Disability Law.
CONTINUING DISABILITY REVIEW AND THE MEDICAL IMPROVEMENT STANDARD
The #SSA is increasing the number of continuing disability reviews it performs under the guise that it will save the government money. A continuing disability review (#CDR) means that the SSA reviews your case to see if medical improvement has occurred. If it has, they will find that you are no longer disabled and your benefits will cease. The SSA’s new policy of conducting more CDR’s has been prompted by Congress.
The last time the SSA took it upon themselves to terminate disability benefits that had already been awarded was during the Reagan Administration. Between March 1981 and 1984, the SSA terminated the benefits of almost 500,000 disabled Americans, including thousands of individuals with mental disabilities. Twenty-nine states refused to follow the SSA’s instructions for termination of benefits, federal courts were clogged with appeals, and according to an article in the NOSSCR Social Security Forum, 200 federal courts threatened the government with contempt of court for refusing to pay benefits when ordered. The Reagan Administration told Congress they estimated a savings of $2.4 billion from 1981 to 1985. However, the 1980 conference report estimated savings from 1982 to 1985 of $218 million, with a net loss at the beginning due to increased administrative resources.
No matter the savings, it is unconscionable to “save” money by stripping disabled individuals of their much needed and earned benefits. If your case comes under review with the CDR program, there are specific rules that must be followed in order for the SSA to find medical improvement and cease your benefits. Please call our office at 1-800-732-2323. Cannon Disability Law can help you keep your SSD and SSI benefits.