Yes, in several ways. First, the Social Security Administration does not assess Residual Functional Capacity Assessments for Children. Additionally, the sequential evaluation process for a Child’s CDR is different than in an Adult CDR for SSDI/SSI. Also notable is that the Administration does not consider the conditions in relation to a Child’s “ability to work.”
The Child CDR process has 3-main steps in the sequential evaluation: The SSA evaluator first determines whether the Child has experienced a significant medical improvement. The determination is made since the comparison point decision (CPD). The CPD is the last time a CDR was conducted. The CPD can also be when the initial disability determination was made if the claim has never undergone a CDR. If it is determined that the Child has not experienced a significant medical improvement, the benefits continue. If a significant medical improvement has occurred, the Administrative consultant moves on to Step 2.
Next, the Administration determines whether the Child’s disability still meets or equals a Medical Listing that was met or equaled at the last CPD. Medical evidence from treating, examining and reviewing sources are analyzed to consider this Step. If the Listing is still met or equaled, and no exceptions apply, the benefits will continue. Exceptions are several, but a common exception applied may include that an improvement in medical diagnostic testing related to the Child’s disability now is generally available and pursuant to that new testing procedure, the condition is no longer considered “as disabling” as it was during the last CPD.
Assuming no exceptions apply and the Child’s impairments still meet or equal the medical Listing as defined at the last CPD, Step 3 is analyzed. At Step 3, the Administration considers the “original” impairments and any new impairments diagnosed since the last CPD. The decision-maker then considers the Listings as written at the time of the present CDR. If the Child’s impairments (new and existing) meet or equal the Listings as written during the current CDR, the benefits will continue. If the impairments do not meet or equal the new or re-defined Listings, the benefits will end.
Again, a CDR determination that a Child is no longer eligible for benefits is an appealable decision. There are, of course, deadlines for appeal and additional legal considerations to be aware of. Be sure to proceed carefully and cautiously so as not to miss out on the opportunity to submit new evidence or rebut the findings by SSA that resulted in the Cessation.
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