Jan 21, 2013
I have been on SSDI since I was found fully favorable back in March 2012. I was found disabled since July 2010 and received back payment and have been receiving monthly checks since then.
I recently received a letter from SSDI stating that they had reviewed my disability claim and found that my disability is continuing and that I had not worked any trial months. It stated that this letter is only discussing how any work may affect my disability BUT it also stated that the law requires them to review my medical condition to make sure I am still disabled under their rules. They stated that they have forwarded my file to Disability Determination Services in my state for medical review. I am 51 years old and in poor health with AIDS/HIV and numerous other conditions. Should I be worrying about this? They stated they will send me any decision in a separate letter. What should I expect?
Response from Mr. Chambers
Assuming HIV/AIDS is your primary diagnosis for Social Security, they really shouldn't be doing a Continuing Disability Review on you.
Under SSA POMS (Operating regulations) DI28003.005, it states: "Under C. Procedure - Screen Out All Types of Cases Involving Human Immunodeficiency Virus (HIV) Infection Screen Out Criteria
"Certain claims involving HIV infection that were adjudicated prior to 1991 have been selected for CDRs to evaluate the current status of these individuals.
"Screen out cases involving HIV infection (not age 18 redetermination case), that are selected for CDR only if the initial decision was made in 1991 or later. If the initial decision was made before 1991, the CDR should be completed.
"The CPD medical evidence must include documentation of the specific type of immune deficiency. Documentation may be by laboratory evidence or by other generally acceptable methods consistent with the prevailing state of medical knowledge and clinical practice."
You may want to question the reason for the CDR. If, however, they want you to go through it, you should do so. It will probably be the short form CDR which asks minimal information and is easy to complete. The main issue is to confirm their current information and not add any new conditions or issues.
Good luck, Jacques
See DI 34001.036F for guidance on criteria used to document HIV."
NOTE: The DDS should no longer route any medical cessation on a claim involving HIV infection to the HIV CDR Coordinator in Baltimore, MD.
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