Can You Lose Your Social Security Disability Benefits?

When you’re disabled, it can be truly difficult to manage everyday life. If you’re lucky, though, you were able to get financial help through the Social Security Administration (SSA). It was a long, tedious road getting there and at times you thought it was never going to happen, but when you were finally approved, you let out a long-overdue sigh of relief.

One thing recipients of SSDI benefits worry about is whether their benefits can be taken away once they get them. The answer is yes! You can potentially lose your benefits under certain circumstances, but fortunately it doesn’t happen often. Still, you need to be aware of situations that might trigger a loss, so you never have to worry about a disruption of benefits.

What can cause you to lose your Social Security disability benefits?

When you receive SSDI benefits, the Social Security Administration conducts a periodic review of your case to determine if you still meet eligibility requirements. While they notify you that a review will be taking place, you have an obligation to keep them updated about any relevant changes.

Something to be aware of, though, is that if your condition is deemed permanent, your reviews will be conducted less frequently, but that doesn’t mean you’re in the clear for the rest of your life. You stand to lose your benefits if:

• You work at a level considered substantial gainful activity by the SSA, meaning your earnings exceed the annual threshold established.
• Your medical condition has improved enough that you are no longer considered disabled.
• You choose to return to full-time work.
• You’re incarcerated for 30 days or more.

Another thing to keep in mind is that you cannot receive both SSDI and Social Security retirement benefits. When you reach retirement age, your SSDI will convert over to payments from Social Security.

How do I restore my SSDI benefits?

Nothing is more frightening than learning that you’re losing your only real source of income, especially if you are unable to work. If you should lose your benefits, don’t panic. There are options to try to get them reinstated.

• If your benefits were terminated due to your earnings level and those earnings have decreased again due to your disability, you are able to request temporary reinstatement of your benefits for up to six months while your eligibility is determined.
• In cases of incarceration, there may be crimes that result in permanent loss of benefits, but in most instances, you can request your benefits be restarted after your release. Benefits begin again the month after the month you are released.
• Reconsideration is another term for appealing a decision. If your benefits were canceled because you were deemed able to work and therefore no longer disabled, you can file for reconsideration. If you file in a timely manner, the SSA will typically continue to provide your benefits after the proposed termination date in the notice while you await their decision.
• In limited situations, you may choose to reapply for SSDI benefits instead of filing for reconsideration. This is usually best reserved for situations where there have been significant changes not contained in your file. It’s strongly advised to seek legal advice before taking this step as it often ends in denial. Another route may be more appropriate and will have a better chance of success depending upon your specific case.

For many people, Social Security Disability benefits are necessary to survive. Without the financial help, they could end up homeless as a result of their inability to work or take care of themselves. If you or someone you love needs assistance with securing disability benefits, the Tennessee SSDI attorneys at Rocky McElhaney Law Firm are here to help guide you through the assessment process giving you a better chance for approval.

Schedule your free case evaluation today with one of our experienced attorneys in any of our offices conveniently located in Nashville, Hendersonville, and Knoxville by calling 615-425-2500, or reach out to us through our contact page for the legal help that you deserve.