A continuing disability review or CDR is SSAs way of making sure those who are receiving benefits are still disabled under the rules and should continue receiving benefits.   CDRs are scheduled for everyone who is receiving benefits at some point.  Sometimes an ALJ will put right in their opinion that they think the claimant will show medical improvement and therefore a review should be scheduled in one year, 18 months, 2 years, whatever they feel is appropriate.   Anyone who is receiving benefits as a child will have to be reviewed when they turn 18.  Medical requirements change from child impairments to adult impairments.  Many people who are considered disabled as a child will not be considered disabled as adults.  Many people, especially parents, do not understand how a child can be disabled but an adult, with no change in medical conditions, is no longer disabled.   What makes the difference?  How a child performs against children their same age v. how an adult functions on the job Children are judged against age‑appropriate expectations; how they function compared to peers. Adults are judged against work expectations;  whether they can perform competitive employment. So a child who can’t manage school demands may be disabled, but once they age out, SSA asks: Can they handle a simple, routine job? If yes, even with the same diagnosis, they lose eligibility. Adult CDRs are scheduled every 3 to 7 years, depending on the medical issues, how behind SSA is and a multitude of other reasons for the gap.  This would be after any ALJ determinations, should one be made.   It is imperative that you keep your address up to date with SSA as they mail out the CDR forms and if you do not fill them out, your benefits will be stopped.  Once stopped, they are sometimes very difficult to reinstate, even without medical changes.  Many law firms and lawyers will not take CDR matters as there is no way for an attorney to be paid on those types of claims since SSA only pays attorneys from back pay that is awarded, and if a person is receiving benefits, there is no back pay.  Thus, it is difficult to get assistance with CDRs.   Our suggestion to those who are going through a CDR or need representation is to contact the firm or lawyer or representative that assisted the first time around and see if they can assist.  ManleyReynolds, PLLC will assist our prior clients with any CDR that they are provided; our clients just need to contact us.  Generally, we do not accept CDR claims for people who are not previous clients.  We will, however, attempt to answer questions you may have about the CDR process. This information is not intended to create an attorney-client relationship and should not be considered advice for your specific situation. It is provided as a general discussion of issues that may arise and possible approaches that may be considered in similar cases. Because every case is different, it is always recommended that you contact an attorney to discuss the facts of your individual situation and obtain legal advice tailored to your circumstances. If you have questions or would like to speak with our office, you can contact us at (833) 438-7734.

Trusted links to governmental and state websites that offer assistance and helpful information for those looking for monetary, financial, and legal help. Social Security Administration Website https://www.ssa.gov/ SSA Operating Manual https://secure.ssa.gov/apps10/ SSA Forms https://www.ssa.gov/forms/ SSA Publications https://www.ssa.gov/pubs/ Ticket to Work https://www.ssa.gov/work/ Michigan Food Bank https://www.fbcmich.org/ Housing assistance https://communityhousingnetwork.org / or https://community.solutions/ State of Michigan Assistance https://newmibridges.michigan.gov/s/isd-landing-page?language=en_US Medicare https://www.medicare.gov/ Centers for Medicare and Medicaid Services https://www.cms.gov/

As an attorney, I have far too many opportunities to review prior unfavorable decisions.  Many claims are denied, in part, because doctors' statements are inconsistent with their medical records, and because claimants' statements are inconsistent with their own statements or with statements made to their doctors.   A Real Life Example:  Claimant has normal exams at their doctor’s office.  There is no complaint about pain medication not working or an increase in their pain.   There is no complaint about not being able to pick things up or walk very far, or request assistive devices (cane, walker, etc).  The claimant is giving a picture to the doctor of someone who is stable, not in need of additional treatment and whose medical condition is well managed.  The SSA requests that the doctor complete a medical source statement, which describes the claimant’s limitations.  The doctor, wanting to help the claimant, says the claimant cannot lift even a few pounds and cannot walk or stand for more than a few minutes.  The claimant would be off task more than 25% of the workday and/or absent several times a month.  Then the claimant appears before the Judge and testifies that they are in immense pain all of the time, they cannot walk or stand at all, their hands and feet tingle all the time, and are very painful.  They cannot meet their basic needs.    The Judge is tasked with assessing credibility; no higher authority will reassess the credibility of the witnesses, absent extreme circumstances.  The Judge looks at the medical records, then at the medical source statement, and then at the claimant’s testimony and decides that the only real credibility here is the medical records, which, in this example, show a fairly stable individual with stable medical issues that are kept under control by medication, therapy, etc.  There have been no complaints made to their doctors about the claimant's medical situation.  The Judge decides to discount or throw out the medical source statement and the claimant's testimony, indicating they are exaggerated.   Even if the doctor and the claimant are telling the truth about the actual impairments, because the medical records do not reflect those limitations, those statements are not used in determining whether the person is disabled.  Nearly every time this situation occurs, the claimant is found not disabled.  And the Appeals Council and the District Court will not address credibility in their review of the claims.   This type of denial is difficult to overturn at the Appeals Council level or the District Court, as it is the Judge who determines credibility, and that is not disturbed by other people reviewing the Judge’s decision.   Further, because the medical records can support the Judge’s decision to deny, the decision will not be overturned on that basis either.  Thus, the only thing potentially left is whether the Judge did not follow the rules and regulations; if so, did the failure to follow the rules result in an unfavorable decision? And if they followed the rules, would that be enough to change the decision to a favorable one.  Therefore, misstating a date or failing to address every piece of evidence in the file is insufficient grounds to send the case back.   Now, what to do to reduce this? For one thing, you must be honest with both your doctor and your lawyer.  If you are putting on a brave face at the doctor’s office, DON’T.   First, you will not receive the proper treatment for your conditions.  If the doctor thinks you are doing well, that’s what goes in their report.  Second, if you are not telling your doctor exactly what is happening in your day-to-day life, as it relates to your medical condition, then they don’t know how to help you.  Third, if the doctor is asked to fill out a medical source statement and they fill it out with you, they may take answers from you that are inconsistent with their own medical records.  They may say you cannot stand for more than a few minutes at a time, but they have documented in their records that you have no lower-extremity problems.  Therefore, how can you not stand for more than a few minutes, especially since you are not using any assistive devices, which would likely be needed if you were unable to stand for more than a few minutes?   You need to be completely honest with your attorney as well. If you are not telling the attorney the absolute truth, we, as the attorney, cannot navigate around what may appear to be grounds to deny the claim, nor can we properly prepare for a hearing.    If I, as the attorney, have discussed the claim with you, the claimant, and you have told me that you can only stand for 5 minutes, I am going to believe that that is all the time you can stand.  I am going to incorporate this information into my argument.  If, however, you testify that you can stand for an hour, then, we have an issue that I, as the lawyer, wasn’t prepared for, and since my argument was based, in part, on your statements about standing for 5 minutes, my argument is now flawed and based on wrong information.  This makes it look like I am attempting to exaggerate your medical issues, and therefore, what I, as the attorney, am arguing is suspicious.     In order to be in the best possible position regarding your disability claim, you need to make sure that your doctor is recording what you are telling them, you need to be honest about what you are really experiencing medically.  There is no reason to put on a brave face to your doctor.  They want to help you and they can’t if they don’t know there is a problem or you are hiding it because you don’t want them to think you are as bad off as you are.   SSA cases are heavily dependent on the medical records and the statements in those records.  SSA is looking for anything that will allow them to deny claims, thus medical records that don’t match RFC statements, or testimony or other forms filled out during the process only gives SSA additional information to deny claims. This information is not intended to create an attorney-client relationship and should not be considered advice for your specific situation. It is provided as a general discussion of issues that may arise and possible approaches that may be considered in similar cases. Because every case is different, it is always recommended that you contact an attorney to discuss the facts of your individual situation and obtain legal advice tailored to your circumstances. If you have questions or would like to speak with our office, you can contact us at (833) 438-7734.

Child support obligations do not stop just because someone says they are disabled.  Even if the person has filed for disability benefits and is going through the process, child support continues. The only way to change a support obligation is to file a Motion to Change Child Support with the Friend of the Court in the county where the support order exists. After the motion is filed, it will be scheduled for a hearing. At that hearing, the court will decide what should happen with the child support obligation. The amount could be reduced, stay the same, increased, or temporarily adjusted depending on the circumstances of the disability case. Those who are awarded SSD will ultimately have their child support deducted from their SSD payments.  SSI beneficiaries do not receive any payments made to a child or for child support. The key for anyone who has a child support obligation is to communicate with their Friend of the Court, right from the very beginning, about being unable to work because of medical conditions.  Friend of the Court is the governing body that makes the initial decisions regarding how much a parent is supposed to be paying in support.  Child support obligations cannot be retroactively amended; thus, if you have a change in your income, you need to file an immediate motion so that you do not get behind in support.  This is under the assumption that the Friend of the Court agreed with your motion and changed your support obligation.  Friend of the Court does not have to agree with your situation and can deny a change in your support obligation.   Our office recommends that, if you are in this situation, you speak with a family law attorney who can better assist you and provide legal advice tailored to your specific circumstances.  Our office is providing this information solely for informational purposes, and it does not constitute legal advice nor create an attorney-client relationship with anyone reading this.  It is provided solely for information that may assist you in deciding which direction to take.   ManleyReynolds, PLLC is a Social Security Disability law firm and does not intend for the information provided above to be accurate at the time of the review, accurate as to the current laws, nor does this firm take on family cases or any other type of litigation other than providing services to people who are seeking to obtain social security disability benefits.

Medicare and Medicaid both provide health coverage, but they serve very different populations and operate under distinct rules, particularly in Michigan. Medicare: Federal Health Insurance for Age or Disability Medicare is a federal program managed by the Centers for Medicare & Medicaid Services (CMS) https://www.medicare.gov  . It’s primarily for: People 65 and older, regardless of income People under 65 with certain disabilities (after 24 monthly payments on SSDI) People with End-Stage Renal Disease (ESRD) or ALS Coverage structure: Part A: Hospital insurance (inpatient care, skilled nursing, hospice) Part B: Medical insurance (doctor visits, outpatient care, preventive services) Part D: Prescription drug coverage Part C (Medicare Advantage): Private plans combining A, B, and often D Funding: Payroll taxes and premiums. Administration: Entirely federal:  benefits are the same in every state. Michigan Medicaid: State-Federal Partnership for Low-Income Residents Michigan Medicaid is a joint federal-state program that provides free or low-cost coverage for people with limited income and assets. It covers: Children, pregnant women, and parents Adults under 65 with low income (Healthy Michigan Plan) People with disabilities or seniors with low income (including those on SSDI before Medicare eligibility) Key Michigan programs: Healthy Michigan Plan: For adults up to 138% of the federal poverty level MI Choice Waiver: Home and community-based services for seniors who’d otherwise need nursing home care Medicaid for the Aged, Blind, and Disabled: For those with limited income/assets who don’t qualify for the Healthy Michigan Plan Funding: Shared by federal and state governments.   ManleyReynolds, PLLC, offices have an on-site Medicare Advantage agent through ManleyReynolds Insurance Support, with a dedicated phone number of 248-780-8193.  She will be happy to assist with questions you may have about Medicare Advantage (Part C) programs.   Our office does not handle any State benefits, including Medicaid, and will not be able to answer questions about the requirements or how to qualify for Medicaid.  We suggest you visit https://www.michigan.gov/mdhhs/assistance-programs/medicaid  as a place to start finding answers to your questions.

If you’ve been approved for Social Security Disability benefits, one of the key questions many people have is about Medicare coverage. Medicare isn’t just for people 65 and older it also provides health insurance for adults under 65 who qualify for disability benefits. Here’s what happens: once you’ve received Social Security Disability Insurance (SSDI) benefit payments for 24 months, you automatically become eligible for Medicare. This waiting period generally means your coverage starts in the 30th month of disability benefits. Medicare coverage for people with disabilities includes Part A (hospital insurance) and Part B (medical insurance). You can also choose to enroll in Part C (Medicare Advantage) or Part D (prescription drug coverage). Once you’re enrolled, Medicare helps pay for hospital stays, doctor visits, medical tests, and prescription medications, giving you peace of mind that your health care needs are covered. Being approved for disability is an important milestone, and understanding your Medicare eligibility ensures you can access the care and benefits you need without delay. Call our medicare hotline today for more information. (248) 780-8193

You may have heard of Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Both programs provide financial assistance to people with disabilities; they differ in purpose, eligibility, and funding. Social Security Disability Insurance (SSDI) is based on your work history. You qualify if you have worked long enough and paid into Social Security taxes, and you have a medical condition that meets the Social Security Administration’s definition of disability. SSDI pays a monthly benefit based on your previous earnings and can also provide benefits to your dependents. After a waiting period, SSDI recipients are automatically eligible for Medicare. Supplemental Security Income (SSI), on the other hand, is a needs-based program for people with limited income and resources, including children and adults. SSI does not require a work history. It provides monthly cash assistance to help cover basic needs like food, clothing, and housing. SSI recipients may also qualify for Medicaid for healthcare coverage. SSDI = work-based, income-independent, tied to Social Security contributions SSI = need-based, limited-income program, open to anyone who meets financial and medical criteria We can help you determine your eligibility, prepare your application, and increase your chances of approval. Call us today! (833) 438-7734

What is  Residual Functional Capacity or RFC? Ordinarily, RFC is a function-by-function assessment of an individual's maximum ability to do sustained work-related physical and mental activities on a regular and continuing basis (8 hours a day, for 5 days a week) despite the limitations and restrictions resulting from his or her medically determinable impairments. In short, it accounts for an individual’s capacity for full-time work.  Physical RFC (PRFC) is an individual’s medical condition evaluated in terms of the physical demands of work used in the Dictionary of Occupational Titles (DOT)  and SCO. Mental RFC (MRFC) is evaluated in terms of the mental demands of work set out in the Code of Federal Regulations (CFR) . The sole purpose of assessing RFC is to determine an individual’s ability to work at steps 4 and 5. Limitations Define activity levels beyond which an individual is physically unable to perform on a sustained basis. Restrictions: Define activity levels beyond which it would be medically ill-advised for an individual to perform on a sustained basis. ​ Restrictions Define activity levels beyond which it would be medically ill-advised for an individual to perform on a sustained basis.

If a child has a severe impairment that doesn’t exactly match a Social Security listing, the Social Security Administration (SSA) may still consider whether the impairment functionally equals the listings. This means the condition must cause significant limitations, either “marked” limitations in two areas of functioning or an “extreme” limitation in one area. When evaluating functional equivalence, the SSA looks at how the impairment affects daily life, including what a child can’t do, struggles to do, or needs help with. They consider all impairments together, even those that may not seem severe on their own, as well as the impact of medications, treatments, and supportive environments. Functioning is assessed across six broad domains: Acquiring and using information Attending and completing tasks Interacting and relating with others Moving about and manipulating objects Caring for yourself Health and physical well-being The SSA compares a child’s performance in daily activities at home, school, and in the community to that of other children their age. Limitations in these areas may help establish that an impairment functionally equals the listing, which can be crucial in a successful disability claim. If your child’s impairments significantly affect their daily life but don’t match a listing exactly, we can help present your case effectively and ensure all functional limitations are fully considered. Call us at (833) 438-7734 for a free consultation for you or your child.

The very first Step of the 5 Step Sequential Evaluation where a person could potentially be approved for benefits. Medical evidence on an applicant's impairment is assessed under step 3 using codified clinical criteria called the  Listing of Impairments , which includes over 100 impairments. Applicants with impairments that “meet” the Listings are allowed without further evaluation, based solely on medical criteria.  In other words, benefits are awarded at this step, and steps 4 and 5 are not evaluated. ​ Children also have a comparable Listing of Impairments  that, if they meet or equal a Child Listing, they will be found disabled and allowed benefits.

We Have Wrapped Up Another Year 2025 is over and 2026 has just begun. Below are some highlights and reminders as we move forward in the new year. Cost-of-Living Adjustment (COLA) 2026 COLA increase is 2.8% and should be reflecting in monthly payments already. SSI Payment Information Maximum SSI payments for 2026 is $994.00. Just as a reminder, this is the maximum your total amount may be decreased for a variety of reasons. Earnings and Work Amount Updates The amount for initial monetary qualifications (SGA) rose to $1,690.00. Trial work period amounts increased to $1,210.00. Attorney Fee Limits Attorneys are statutorily limited to 25% of an awarded back benefit, and we are unable to receive more than $9,200.00 in fees when a fee agreement has been signed. The Social Security Administration continues to determine and pay attorney fees. Medicare and Medicaid in Michigan In Michigan, Medicaid is still available to disabled people. Medicare is still available to those who are disabled and receiving SSD, after the traditional two-year waiting period from the first monthly payment received by the disabled individual. Social Security Administration Update The Social Security Administration recently swore in as the Deputy Commissioner of Social Security.

Beginning January 1, 2026, the attorney-fee cap for Social Security Disability cases (both SSDI and SSI) will remain $9,200 or 25% of your past-due benefits , whichever amount is lower. Fee Petitions   If your representative uses a fee petition instead of a standard fee agreement, the fee must be approved by the Judge assigned to your case. The approved fee may differ from the standard fee-agreement limit. Always review the terms of your specific fee petition. Social Security Service Fee   Social Security charges all representatives a processing fee when fees are paid directly to them. This amount is taken out of the representative’s fee, not yours. For 2026, the service fee is $123.00. Representatives are not allowed to ask claimants to pay this fee. Costs Not Included in the Representative’s Fee   Attorney or representative fees do not  include the cost of obtaining medical records or other documents needed for your claim. If your representative pays these costs upfront, they may bill you separately for reimbursement. This also does not  include any medical bills from your own doctors, hospitals, or clinics. If your representative sends you to an additional doctor for your case, ask whether you may be responsible for those charges. What You Should Ask Before Signing   Before agreeing to representation, make sure you understand: What the attorney or representative’s fee will be What additional costs you may be responsible for Whether you must pay for medical records or other expenses if you do not  win your case You should always ask what the fee is, what other fees you may be responsible for, and if you are unsuccessful in being awarded benefits, will you be responsible for any costs for medical records or other records, or even doctor office visits that the attorney or representative, or firm may send you to.  (You are always responsible for your own doctor’s/hospital's, and clinic bills.  This references a doctor that your representative makes you go to.) Asking these questions early helps you avoid unexpected costs and ensures you know exactly what to expect during your claim.