Social Security Disability &
  Special Needs Planning News from
 Sheri R. Abrams, Attorney at Law,
 Partner at Needham Mitnick & Pollack, PLC  
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NMP Newsletter


Do you only receive Sheri Abrams' monthly newsletter that focuses on Disability Issues?


Please consider also signing up to receive Needham Mitnick & Pollack's very informative monthly newsletter that focuses on Estate Planning & Elder Law Issues.


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In This Issue
National Prescription Drug Take Back Day
What Is A Social Security Disability Continuing Disability Review?
What Should You Do If You Receive A CDR notice?
What Should You Do If You Get A Notice Ending Your Benefits After A CDR?


Angela M. Griffith will be speaking on  Saturday November 9th at 2:00 PM at Sunrise of Hunter Mill located at 2863 Hunter Mill Road, Oakton, VA 22124.  Angie will be part of the panel discussing "Financial Planning for Memory Care and Assisted Living."  Please RSVP to Laura Henley at 703-255-1006.


The Attorneys of NMP will be participating in the JCC of Northern Virginia's 6th Annual Positive Aging Fair on November 21, 2013 starting at 8:30 AM.  The fair comprises interactive and informative programs promoting active aging through healthy lifestyles that help us live longer, more independently and more positively. The fair is geared for Northern Virginians who are in their 50s and older.  The JCC is located at 8900 Little River Turnpike, Fairfax, VA 22031.    Visit for more information and to register.

Susan K. Pollack has been selected, once again, as a  "Top Elder Law Attorney" by The Washingtonian Magazine.
Helen Cohn Needham and Susan K. Pollack have also  been recognized as "Top Lawyers" for the second consecutive year by Northern Virginia Magazine.

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Source: Reprinted from the October

2013 Newsletter of Sheri R. Abrams, Attorney at Law, Needham Mitnick & Pollack, PLC 



Issue: # 63October 2013
Picture of Social Security Card and Dice




Welcome to our monthly newsletter. 


These monthly newsletters are designed to provide useful information on Disability Law & Issues with a special emphasis on Social Security Disability & SSI benefits and Special Needs Trusts & Planning.


You may have been added to our e-mail newsletter mailing list if you are a client, business associate, a Facebook friend, a Linked-In connection, or another professional contact of Sheri R. Abrams, Attorney at Law or the Law Firm of Needham Mitnick & Pollack, plc.


You may unsubscribe by clicking on the link at the end of this e-mail.



National Prescription Drug Take Back Day
pill bottle 
Saturday, October 26, 2013
10:00 am - 2:00 pm
Turn in your unused and expired prescription medications for safe disposal.
Click here to locate a disposal location near you.

What Is A Social Security Disability Continuing Disability Review?


Disability ReviewA Continuing Disability Review (CDR) is a routine review done by the Social Security Administration (SSA). CDRs are done to make sure that if you are receiving Social Security Disability (SSDI) and Supplemental Security Income (SSI) benefits you are still disabled and entitled to those benefits. In this review, SSA looks at whether you have medically improved since you were found disabled. If SSA thinks that you have improved, they check whether or not you still qualify for SSDI and SSI benefits.


How often you receive a CDR depends on how likely SSA thinks that your medical condition will improve. If medical improvement is expected, SSA will review the claim in six to 18 months; if medical improvement is possible, SSA will review the claim every three years; if medical improvement is not expected, SSA will review the claim every five to seven years.


Also, some events can trigger a CDR. Examples include the receipt of work related income or when a child who is on SSI turns 18.


If you are  selected for a CDR, you do not go through the entire disability application and appeal process again, you will receive written notice from SSA along with forms to fill out and return. 


What Should You Do If You Receive A CDR notice?

Don't PanicFirst, do not panic. If you can show that you still have the medical condition that is keeping you from working and that you are under medical care, your benefits should continue. Over 90% of adults who undergo CDRs have their benefits continued.


If you receive the two-page short form CDR (SSA-455-OCR-SM), your condition probably has a low chance of medical improvement. A computer, not a person, will read the form and only if it detects something unusual will a person review it.


If you receive the 10-page long form CDR (SSA-454-BK), an SSA employee will read it, not a computer. This form is similar to the initial application for disability benefits and requests more detailed information.


You should make sure that all of your updated medical records are filed with Social Security.  Consider getting a medical opinion report from the physician(s) most familiar with your medical condition. Any such report should address your medical conditions and how they affect what you can and cannot do. The report should also address issues particular to the CDR process, such as whether you have medically improved since you were last found disabled.


You should also make sure that you report all of your medical problems and symptoms to Social Security and your doctors. How severe are they? How often do you get them? How long do they last? What do they keep you from doing, physically and mentally?


What Should You Do If You Get A Notice Ending Your Benefits After A CDR?

Notice of DecisionIf SSA determines that you are no longer disabled, your benefits will continue for only two more months at most unless you appeal in a timely manner and ask for benefits to continue during your appeal.


To appeal, submit a Request for Reconsideration form (SSA-789-U4) within 60 days of receiving your notice of denial.


Important note: If you want to have your benefits continued during the time your case is being decided, you need to submit the Request for Reconsideration within 10 days of receiving your denial and specifically ask for your benefits to continue during the appeal.


You should file the Request for Reconsideration form (SSA-789-U4) at your local Social Security office. As with any correspondence to Social Security, it is wise to save a copy and send the original by certified mail -- return receipt requested as proof that you filed it on time.


If you elect to keep receiving benefits and are not successful with your appeal, Social Security will assess an overpayment seeking those benefits back.


If the reconsideration request is denied, you can request a hearing with an Administrative Law Judge by filing form HA-501 with supporting documents at your local SSA office.


You can elect to have benefits continue during your appeal to the Administrative Law Judge, but you must make another request for continuing benefits within 10 days of receiving your request for reconsideration denial.


If the judge denies your claim, you can request a review with the Appeals Council by filing form HA-520.


At this stage, SSA will not continue your benefits.


If your Appeal is denied by the Appeals Council, you can file a complaint in Federal District Court.


During each level of appeal, submit any additional evidence that might support your claim. Examples would include medical records, doctor reports, and supportive witness statements.  


Sheri Abrams' Book "Don't Gamble With Your Social Security Disability Benefits--What Every Virginia Resident Needs To Know To Win A Social Security Disability Case" Is Available

Picture of Book 
For more information please click here to see our Press Release.  


Available for purchase at or you can download a free copy of the book at: 







Now Available For Nook & Kindle



"Don't Gamble With Your Social Security Disability Benefits--What Every Virginia Resident Needs To Know To Win A Social Security Disability Case" is now available for the Nook here.


and the Kindle here.




The law firm of Needham Mitnick & Pollack, PLC, is located at:


NMP's Office Building 


400 S. Maple Avenue
Suite 210
Falls Church, VA 22046
(703) 536-7778



This is in downtown Falls Church and the office has plenty of free and accessible parking.



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If you know of someone who could use my legal services or any of the other members of the law firm of Needham Mitnick & Pollack, PLC, please forward to him/her this e-mail newsletter or give him/her our telephone number: (703) 536-7778.


We provide legal services in the areas of Social Security Disability Law, Elder Law, Wills and Trusts, Probate, Trust Administration, Powers of Attorney, Advance Medical Directives, Guardianships, Long Term Care Planning, Disability Planning, Medicaid Eligibility, Veterans Benefits and Special Needs Trusts.
If you, or someone you know, is involved with an educational event or support group that would benefit from a presentation on any of the areas of law for which we provide legal services, please call us at (703) 536-7778.