SSA issues notice of proposed rules regarding the frequency of Continuing Disability Reviews
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Monday, December 16, 2019

SSA issues notice of proposed rules regarding the frequency of Continuing Disability Reviews

By Payroll and Entitlements Editorial Staff

The SSA is proposing to revise its regulations regarding when and how often the agency conducts continuing disability reviews (CDRs), which are periodic reviews of eligibility required for benefit continuation. The proposed rules would add a category to the existing medical diary categories that the SSA uses to schedule CDRs and revise the criteria for assigning each of the medical diary categories to cases. The proposed rules also would change the frequency with which the agency performs a CDR for claims with the medical diary category for permanent impairments. The revised changes would ensure that the SSA continues to maintain appropriate stewardship of the disability program and identify medical improvement (MI) at its earliest point. Comments are due by January 31, 2020 (extended by 84 Fed. Reg. 67394, December 10, 2019).

The SSA wants to ensure that it continues to identify MI at its earliest point through the CDR process. It also wants to have the flexibility to adjust the scheduling of CDRs when there have been advances in treatment for a person's impairment(s) that improve the ability to work or, for children receiving Title XVI payments, that improve overall health and functioning. Therefore, the SSA is proposing to make three changes to its current rules on when and how often the agency conducts CDRs. First, the SSA proposes to add a fourth medical diary category. Next, it proposes to revise the criteria it follows to assign a medical diary to each case. Finally, the SSA proposes to retain the frequency for the MIE and MIP diary categories (6 to 18 months and 3 years, respectively) and revise the frequency with which it performs a CDR for the MINE diary category.

The flexibility created by these proposed changes would allow the SSA to determine MI at an earlier point than it can under the current rules. Consequently, the agency expects that the changes it is proposing would enhance program integrity and ensure that only those individuals who continue to qualify for benefits receive them.

For additional information. For further information, contact Cheryl A. Williams, Office of Disability Policy, Social Security Administration, 6401 Security Boulevard, Baltimore, MD 21235-6401, (410) 965-1020. See 84 Fed. Reg. 63588, November 18, 2019.

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