It probably took what felt like forever to be awarded disability benefits from the Social Security Administration (SSA). Now that you have secured a successful claim, you’ve come to rely on your monthly payments. Every now and then, fear creeps in: What if your disability benefits stop? What then? This blog looks at if, when, why and how your disability benefits can be taken away — and what to do about it.
Social Security Disability Attorney in Omaha, Nebraska
Watson & Carroll, P.C., L.L.O.’s Social Security Disability team can help you secure benefits needed to support yourself. Chellsie Weber, our wildly successful and experienced disability attorney, and Abby Reid, our wonderful and thorough disability paralegal, can offer support and advice as it pertains to your disability and the benefits approval process. Remember, you’re more likely to have a successful disability claim with an attorney by your side. Call us today at 402-991-2100. You also can share your story here.
Note: The information below is for informational purposes only. Watson & Carroll does not handle or review cessation cases until they have been denied at the Appeals Council level.
Why Did My Disability Payments Stop?
Those who receive Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) could have their disability benefits taken away. While the most common reasons the government chooses to stop disability benefits include an increase in income or payment-in-kind, there are other reasons, including:
- Court-ordered continuing disability reviews – When you apply for disability benefits, the administrative law judge (ALJ) assigned to your case will assess the likelihood of your condition improving and will set a date for a Continuing Disability Review (CDR) in response. Usually, these reviews happen every three years. These details are sent to your regional Disability Determination Service (DDS) office and if they do not believe you are still unable to work, you will lose your disability benefits.
- Making too much money – Substantial gainful activity (SGA) plays a major role in disability benefits. If your assets exceed $2,000 – not to include your personal residence and other exceptions – and you cannot earn more than the current SGA each month. If you earn more than SGA, you can work and will lose disability benefits.
- A birthday – Children who are reaching age 18 will have their eligibility reviewed before their 18th birthday, but the review could be delayed until age 19 if the child is a full-time student. Those who reach retirement age will have their disability benefits switched to retirement benefits automatically without having to file any paperwork.
- Being imprisoned and/or arrested – Anyone receiving disability benefits who is facing criminal charges will have SSI benefits stopped within 30 days of being incarcerated. SSI benefits will be resumed after there is proof of the claimant being released from jail or prison. If they are released then later convicted, their benefits will be stopped again within a month of being jailed and then resume again on release. Disability benefits that are not SSI, such as SSDI or survivor’s benefits will cease upon criminal conviction.
Legal Help Is Available
If you are unable to work and you are ready to apply for disability benefits, or if your disability benefits stop, enlist the help of a disability lawyer. Call the disability team at Watson and Carroll, P.C., L.L.L., to get the guidance that you need to ensure you have access to the disability benefits that you are entitled to receive. With offices in Omaha, Lincoln and Sioux City, Our disability lawyers have helped thousands of individuals have successful disability claims.
About Watson & Carroll
Watson & Carroll, P.C., L.L.O., is not a high-volume law firm that only speaks with clients when it is absolutely necessary. For us, it’s personal. Our team works closely with our clients and their loved ones – not only so that we understand their challenges and concerns, but so we can tailor our approach to address those factors, aggressively pursue results, and secure peace of mind. Whether it is advocating for disability benefits or a medical malpractice claim, we work to protect our clients and make sure their rights are upheld.