SSA-CDR-454BK

[mexigrl]

Hi,

I live out of the country in Mexico for 3 months during the summer - my home in the U.S. is in MS (I am aware of the irony and the heat is too much for me to function in the summer. I live in a mountain town in Mexico where it is very temperate.

My father checks my mail at home and he found today the CDR with a return date of 14AUG in my mailbox. I don't know what to do. There is no way I can talk with my doctors, fill out the forms, etc. from here. Will SSA give me an extension and do you have any advice on how to ask?

I don't know why I got the CDR as I thought I should be on a 7 year cycle however I think it is because I have been working from home part time for a few years, always under the SGA but still reporting income. Is that why they would send this?

I'm also concerned because after this many years with MS I don't run to the doctor for each symptom. I do see various doctors but am not sure how many issues will be marked as MS symptoms. A few years ago my GP and I had a good relationship and she supported me being on SSDI, this is a newer doctor and I really need to sit down with her and see how she feels (again can't do that until October).

I'd appreciate any advice you can give.

Thank you

[onlyairfare]

I don't know the answer to your questions, but maybe a few suggestions on how you might find answers.

Could you contact the American embassy or nearest consulate for advice and help? In nations with large ex-pat communities, there may even be SSA branches at the embassy or in those ex-pat locations.

Could you call the SSA offices in the US to ask your questions? There are local/regional offices all over the US. If you cannot do this, perhaps a family member in MS could inquire on your behalf.

You still have a residence in Mississippi and you remain a constituent of Senators Cochran and Wicker. They have aides working in their offices whose job is helping constituents like when they have problems with Social Security, Medicare or other government programs. Try calling their offices to see if they can help you.

Good luck in getting your extension that you need. Just because you live outside the US, it doesn't mean you give up all the rights of being a US citizen.

[mexigrl]

Thanks for the reply. I called today and after much hold time and roundabout I spoke to someone. To say she was rude and demeaning would be a compliment. Essentially she said that it's not "their problem" that I am not in MS right now and they can't change the date. She said to fill out what I can. So, that is what I will have to do, even if it is late.

I have a more important question at this point that I really need an answer on. Since I have been working I think that triggered the CDR. To make sure I understand am I correct that if SSA decides I am no longer disabled then I will lose my Medicare. Is that the case?

If so, then I am considering telling SSA that I want to go back to work. I do have a trust fund income I can draw from for some time and I am already working on my own part time. If I do that will that preserve my medicare?

My biggest fear is going through the CDR and that they take away my benefits and then I have no insurance options. I live in MS and it looks like our "Obamacare" options will be super limited due to our politics at this time.

Any thoughts?

Thank you!

[MSer102]

She said to fill out what I can. So, that is what I will have to do, even if it is late.

NO! NEVER be late when the government asks for anything! If they don't have your form by the deadline SSA can respond by stopping your benefits. Just that simple.

To make sure I understand am I correct that if SSA decides I am no longer disabled then I will lose my Medicare. Is that the case?

Yes. You are entitled to Medicare only because you are disabled. If SSA decides that you are no longer disabled you will lose ALL of your disability benefits including your monthly SSDI payments.

If so, then I am considering telling SSA that I want to go back to work. I do have a trust fund income I can draw from for some time and I am already working on my own part time. If I do that will that preserve my medicare?

It depends on your disability status. If SSA still considers you disabled even though you are working you can probably preserve your Medicare. Again, if SSA decides you aren't disabled you cannot get Medicare.

Of course you should check with SSA to confirm this. But none of this will be an issue if you don't return your form by the deadline. The decision will be made for you.

[mexigrl]

Thanks for the answers and perhaps I'm asking something that there is no specific answer for. What I'm trying to decide now is the following:

Do I call SSA and tell them that I am going back to work and thus give up my benefits while preserving my Medicare while working? Can I do this once a CDR has been started (it has been sent to me but that is it) or do the two things have nothing to do with each other.

I hope I get the paperwork in in time but it will be just the same day as my August benefit so the girl at SSA told me that if its a few days late it won't matter as long as it is in house before my next check.

Thanks

[onlyairfare]

You can do some work while disabled, but only up to a certain dollar amount called SGA, or Substantial Gainful Activity (or something close to that, you know how it is with those acronyms.) I think in other threads, the amount has been mentioned as approximately $1,000 per month earned income.

If you are able to work and earn more than that SGA amount, you aren't disabled, and then you are not considered eligible for Medicare.

That said, there are some special programs for disabled individuals who want to try going back to work, but it is uncertain if you will really be able to do that. I believe those programs include some continuation of some coverage while you are "trying," and maybe an easier "re-entry process" back to full disability should it turn out that you aren't able to work enough to be independent.

It is really too bad the person you talked with was not more helpful. Two years ago I helped my aunt with her disability process, and the folks at the SSA office couldn't have been nicer or more helpful.

MSer102 sounds right about the timely submission too, the government can get very punitive if you are late. Keep a record of the date/time and name of the person you spoke with at SSA, and write down that she said "complete it the best you can." Then at least you have "contemporaneous evidence" that you tried your best, and that you were told to send it in timely, even if incomplete. Better yet, use fax!

And I would still think about calling your senator's office and asking for help. When I was a health insurance executive, the one thing we really hated was when a federal senator's office called us on behalf of a constituent; we always tried very hard to get that person's problem resolved! The insurance business is heavily regulated, so you do not go looking to make enemies in government, the people who make the laws and regulations!

[Rich Feingold]

Hi, mexigrl and everyone. Yes, working can trigger a CDR (Continuing Disability Review).

MSer102, you left out a very important piece of information. The Ticket to Work and Work Incentives Improvement Act of 1999 (the Act) can allow one to continue to receive Medicare after returning to work. See, for example, http://www.ssa.gov/disabilityresearch/wi/medicare.htm. Also, there are appeal rights in CDRs and if one appeals timely, one's benefits can continue during the appeals process.

Wishing you all the best. I'll be back soon to continue to answer your posts. Thank you for your patience and forbearance in this regard.

Rich

[MSer102]

Well I didn't exactly "leave out an important piece of information". The thread is about a form and a deadline and disability status so that's what I answered about. If it was about return to work programs I would have included it. But it isn't so I didn't.

[Rich Feingold]

Thanks for your post, MSer102. I just wanted to emphasize that Medicare benefits were still available under this federal statute, for a period of time, even after benefits are terminated because of a return to work.

Here's some more helpful, general information from SSA's website regarding working: http://www.ssa.gov/work/.

Best,

Rich