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Information about all aspects of finances affected by a serious health condition. Includes income sources such as work, investments, and private and government disability programs, and expenses such as medical bills, and how to deal with financial problems.
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Summary

Continuing Disability Review (CDR) appeals are similar to appeals available when first applying for SSDI or SSI, except for the first level of Reconsideration which is different.

Reconsideration (also known as a DHU Hearing)

If a Continuing Disability Review results in your being denied a continuation of your Social Security Disability benefits, you can appeal for a Reconsideration.

A request for reconsideration is started by filing form SSA-561 which is available on the general Social Security website at www.socialsecurity.gov/online/ssa-561.html offsite link or www.socialsecurity.gov offsite link under SSA forms (Other Forms).

Reconsideration is different from reconsideration available when an SSDI  or SSI claim is started. With a CDR, reconsideration is called a DHU hearing because it happens in a Disability Hearing Unit in the state agency (DDS) which determined whether your medical condition was sufficient to satisfy the Social Security "disability" rules. The reconsideration is a complete review of your claim by someone who did not take part in the first decision.

  • The person in charge of the DHU hearing will look at all the evidence submitted when the original decision was made, plus any new evidence you present.
  • You can meet with the disability hearing officer and explain why you believe you still are disabled. You can look at the information in your file and submit new evidence or information. You also can bring someone who knows about your medical condition.

The key to successfully overturning a decision by Social Security is usually new information Social Security didn't have when the original decision was made. If you just send in the Reconsideration form with no new records or information, Social Security will use the same information and likely arrive at the same decision to not continue to pay you SSDI and/or SSI.

When the reconsideration is completed, Social Security will send you a letter explaining their decision. If your request is denied, the letter will explain how to apply for a hearing before an Administrative Law Judge.

If you disagree with the decision at Reconsideration, appeal to a:

Administrative Law Judge

Before the hearing in front of an Administrative Law Judge, you will have a chance to give Social Security any additional evidence, clarification or information you may have about your claim. You and your representative, if you have one, may go to the hearing and explain your case in person. You may look at the information in your file and give new information. It is preferable to give new information.

A hearing is started by using forms: HA 501-U5, SSA 3441 and SSA 827. HA 501 is available at www.ssa.gov/online/ha-501.html offsite link. Both forms 3441 and SSA 827 are available at the same site in the "claims supporting forms" section.

At the hearing, the Administrative Law Judge will question you and any witnesses you bring. Other witnesses, such as medical or vocational experts, may also give information at the hearing. You or your representative also may question the witnesses.

It is usually to your advantage to attend the hearing. If you cannot attend the hearing, tell Social Security why as soon as you can. If you have a good reason, Social Security will try to change the time or place of the hearing to fit your needs.

When the Administrative Law Judge makes a decision, you will be sent a letter and a copy of the decision.

For more information on what happens, see Administrative Law Judge.

Appeals Council

If you disagree with the hearing decision made by the Administrative Law Judge, you may ask for a review by Social Security's Appeals Council by filing form HA 520 U5 available at www.socialsecurity.gov offsite link under SSA forms (Other forms).

The Appeals Council looks at all requests for review, but it may deny a request if it believes the hearing decision was correct. If the Appeals Council decides to review your case, the Council will either decide your case itself or issue an order returning your case to an administrative law judge for further action.

For more information, see Appeals Council.

Federal Court

As a last resort, you may file a lawsuit in a federal district court.

Congress

If you feel you are being mistreated by the Social Security system, you can contact your Congressperson.

Each Congressperson has a staff member designated to handle Social Security matters.

If the process becomes unduly delayed, the phone call may help speed up matters. On the other hand, the person who receives the phone call may look for a chance to get even with the caller so it is advisable to proceed with caution.