TN 2 (12-14)

Citations:

20 CFR Sections 404.1589, 20 CFR 404.1597a, 20 CFR 416.989

If an individual is disabled and entitled to benefits (Title II, Title XVI, or Title XVIII), we have an obligation to evaluate the impairment(s) and any work activity periodically, to determine whether the disability continues. To fulfill this obligation, we will conduct a continuing disability review (CDR).

When we select a case for a CDR, we notify the individual, offer the individual the opportunity to submit medical or other evidence regarding his or her current health, and inform him or her that the review could result in the termination of benefits. During the review, we make every effort to develop complete information on the individual's impairment and any work activity. If an individual no longer meets the disability criteria of the law, we must suspend or cease benefits and freeze the period of entitlement. We notify the individual of the determination in writing.

When we determine that the individual is not entitled to continuing benefits because the disability has ceased, never existed, or is no longer disabling, the individual has the right to appeal the determination. If it is a medical CDR cessation, he or she may choose to have benefits continued during the appeal process on the disability cessation determination, through a hearing before an administrative law judge.