Can They Take Away My Social Security Disability Benefits?

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Can They Take Away My Social Security Disability Benefits?

Published by gdgmanage

Navigating the complexities of Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) can be challenging, especially when faced with the possibility of your benefits being suspended. Understanding the reasons and solutions for this can provide peace of mind and an action plan.

Why Would Social Security Disability Benefits Be Suspended?

Your SSDI or SSI benefits could be suspended for various reasons. One common factor is medical improvement. If the Social Security Administration (SSA) determines that your health has improved to the point where you no longer meet the disability criteria, your benefits may be affected.

Additionally, if you have returned to work and are engaging in what SSA considers “substantial gainful activity (SGA),” this could trigger a review and possible suspension of your benefits. The SGA threshold varies each year and is higher for blind individuals.

Continuing Disability Reviews (CDR)

SSDI and SSI recipients undergo periodic evaluations called Continuing Disability Reviews (CDR). These reviews are designed to determine if you still qualify for benefits. The frequency of these reviews depends on the expectation of medical improvement, ranging from every three years to as long as seven years. During a CDR, the SSA examines if there’s been any medical improvement in your condition and if this improvement affects your ability to work.

Returning to Work and Its Implications

Many beneficiaries are concerned about how returning to work affects their disability benefits. The SSA allows certain work incentives, including a trial work period where you can work for a limited time without affecting your benefits. However, if your earnings exceed the SGA limit, your benefits might be reviewed and potentially suspended.

Suspension vs. Termination of Benefits

It’s important to differentiate between the suspension and termination of benefits. Suspensions can be temporary and may be lifted if you meet certain conditions, such as a decrease in your earnings below the SGA limit or a change in your medical condition.

On the other hand, termination of benefits is more permanent and occurs when you no longer meet the disability criteria under SSA’s rules.

If you believe your suspension or termination of benefits has been wrongfully assigned to your claim, then you should seek legal counsel to get them back.

The Role of Disability Determination Services

Disability Determination Services (DDS) plays a critical role in the CDR process. They are responsible for reviewing medical evidence and determining whether your disability still qualifies for benefits. DDS may request new medical examinations or tests to make this determination.

Transitioning to Retirement Benefits

As beneficiaries approach full retirement age, their disability benefits seamlessly transition into retirement benefits. The amount typically remains the same, but it’s now categorized as retirement instead of disability.

What To Do If Your Benefits Are Suspended

If you find that your SSDI or SSI benefits are suspended, it’s important to understand why and what steps you can take. This might involve gathering medical evidence, understanding the appeals process, or adjusting your work activity. In some cases, unfortunately, you might need to undergo the disability application process again.

An SSI disability suspension can be stressful and life-altering. It’s important to seek legal counsel that can help you reinstate those benefits once again.

Seeking Assistance for Benefit Suspensions

Navigating the complexities of SSDI and SSI, including benefit suspensions, can be challenging. This is where legal assistance can be invaluable. Grundy Disability Group offers support and guidance to individuals facing issues with their disability benefits, helping them to understand their rights and options.

If you’ve stopped receiving disability benefits due to a suspension or unknown cause, please get in touch with our team. Let’s see what we can do to get your disability benefits back.

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