What Can Cause You to Lose Your Social Security Disability Benefits?

January 29, 2024

Social Security Disability Benefits provide crucial financial support to individuals who cannot work due to a long-term disabling condition. However, certain life changes and improvements in one’s health or work status can lead to a cessation of these benefits. Understanding the specific conditions that trigger the termination is essential for beneficiaries to maintain their financial stability.

The Social Security Administration (SSA) monitors beneficiaries’ situations through periodic reviews and may cease benefits if it determines there has been medical improvement or if the beneficiary is able to engage in substantial gainful activity. Regular updates to the SSA about changes in work activity, income, or living circumstances are a beneficiary’s responsibility and play a crucial role in the continuation of benefits. Instances such as returning to work and experiencing medical improvement are some of the principal reasons why disability benefits may stop. It is important for recipients to be aware of these factors to avoid unexpected financial difficulties.

Income and Work Limitations

When an individual receives Social Security Disability benefits, there are certain income and work limitations that must be observed to maintain eligibility. Overstepping these limits can result in the cessation of benefits.

Substantial Gainful Activity

Substantial Gainful Activity (SGA) refers to a specific threshold of monthly earnings. In 2023, if a non-blind individual earns on average more than $1,470 per month, their earnings might be considered substantial enough to disqualify them from receiving benefits. This figure is adjusted annually to account for inflation and changes in the economy.

Trial Work Period

The Trial Work Period allows beneficiaries to test their ability to work for at least nine months within a rolling 60-month period. During this period, they can receive full benefits regardless of earnings, provided they report their work activity and continue to have a disabling impairment. The Trial Work Period serves as a critical phase for those attempting to return to work while still maintaining financial support.

Medical Improvement

Social Security Disability benefits hinge on an individual’s inability to work due to a medical condition. However, if a person’s health improves to the point where they can return to work, this medical improvement can lead to the cessation of benefits.

Continuing Disability Reviews

The Social Security Administration conducts Continuing Disability Reviews (CDRs) periodically to assess if beneficiaries still meet the medical criteria for disability benefits. If a review indicates significant health improvement that permits employment, benefits might stop.

Medical Improvement Expected

When disability benefits are granted, the SSA classifies conditions by the likelihood of improvement. If a beneficiary’s condition is classified under Medical Improvement Expected (MIE), reviews happen more frequently, typically within six to eighteen months after benefits start.

Benefit Cessation

The discovery of medical improvement during a CDR can result in Benefit Cessation. The SSA will determine if the individual’s medical condition no longer meets the criteria for disability, and if so, will cease benefits. This is contingent on the improvement being related to the individual’s ability to work.

Incarceration, Warrants, and Violations

When individuals receive Social Security Disability (SSD) benefits, certain legal issues such as incarceration, outstanding warrants, or probation violations can affect their eligibility and result in the cessation of benefits.

Incarceration Effects on Benefits

If an individual is incarcerated for more than 30 consecutive days following a conviction, Social Security disability benefits will be suspended. Benefits can be reinstated upon release, but it’s important to notify the Social Security Administration (SSA) immediately upon release to minimize delays in reinstatement.

Outstanding Warrants

An outstanding warrant for a felony or a violation of probation or parole can make an individual ineligible for SSD benefits. The SSA categorizes such individuals as “fleeing felons,” a status that can lead to the termination of benefits, as detailed on the Social Security’s policies for those with outstanding warrants.

Probation or Parole Violations

Violations of probation or parole conditions are also considered by Social Security as a potential reason to cease benefits. If the SSA learns of a probation or parole violation, it may see this as a breach of the law akin to an outstanding warrant, prompting a possible stop in disability payments.

Eligibility Changes and Noncompliance

Social Security Disability benefits may cease if one’s eligibility status alters or if there is noncompliance with certain program requirements.

Change in Marital Status

Marriage or remarriage can impact disability benefits. Specifically, if an individual is receiving Disability Insurance Benefits as a dependent or survivor, a change in marital status could affect eligibility or the benefit amount one receives.

Failure to Follow Prescribed Treatment

Beneficiaries must adhere to treatment prescribed by their physicians unless there are acceptable reasons for noncompliance, such as financial hardship or severe side effects. If the Social Security Administration finds that failing to follow prescribed treatment could improve one’s condition enough to work, it may lead to cessation of benefits, as outlined in the Social Security rules.

Drug Addiction and Alcoholism

If drug addiction or alcoholism is determined to be a contributing factor material to the determination of disability, Social Security benefits may be terminated. This policy intends to ensure benefits are provided only if the disabling condition persists despite recovery from addiction or alcoholism.

A Lawyer Will Help You Get Approved for Benefits and Fight You Losing Your Benefits

Navigating the complexities of Social Security Disability Insurance (SSDI) claims or appeals can be a daunting task. A lawyer will help you get approved for disability benefits or fight on your behalf if you are notified that you’re losing them. 

These legal professionals are equipped to handle the necessary documentation, communicate effectively with the Social Security Administration (SSA), and ensure that all medical records and evidence are presented in a manner that supports the claim. Do not attempt navigating the legal process alone.

If a claim goes to a hearing, a lawyer represents their client with the utmost diligence. They prepare opening statements, cross-examine witnesses, and advocate on behalf of the client’s right to benefits, ensuring that the judge understands the full scope of the client’s limitations and needs.

In cases where claims are denied, lawyers are instrumental in filing appeals. They analyze the denial notice, counter any identified deficiencies, and submit comprehensive arguments and additional evidence to overturn the decision during the reconsideration phase.