Will I receive disability benefits forever once approved? In most cases, you continue to receive social security disability benefits as long as you have a permanent disability. However, certain factors may affect your continued eligibility.
Virginia's top-rated social security disability lawyers at Kalfus & Nachman will not only help you with your disability claim appeal but help you plan ahead for your future disability reviews by the Social Security Administration (SSA) once approved. In this article, our legal experts will help you understand the common circumstances that may lead to the suspension of your disability benefits in Virginia.
Common Reasons for Disability Benefits Revocation
There are many reasons why Social Security Disability benefits would be terminated or revoked after being approved. Common reasons affecting your continuing eligibility for disability benefits are listed below:
- Medical Improvement: Your social security disability benefits may not last forever as Social Security Administration reviews your case regularly to ensure that you still have a disability. This review is known as a Continuing Disability Review (CDR). The frequency with which the SSA performs CDR hinges on whether your situation is likely to improve. If the evidence proves that your medical condition has improved and you can return to work, SSA may terminate your disability benefits. Depending on the medical condition and the chances of its improvement, SSA divides disability cases into three different categories:
- Medical Improvement Expected (MIE) - If your condition is expected to improve, the SSA will usually review your condition within 6 to 18 months from the disability date.
- Medical Improvement Possible (MIP) - If your medical improvement is possible, the SSA will review your case every three years.
- Medical Improvement Not Expected (MINE) - If you are unlikely to improve, the SSA will usually review your case every seven years.
Your benefits may get terminated if your condition improves or you return to work during the review.
- Returning to Work: Disability includes the inability to work due to medical impairments, and working while receiving a disability is not accepted with SSA. However, individuals receiving disability benefits can test their ability to work for a nine-month Trial Work Period (TWP) while receiving their full monthly benefits. If you earn substantial wages after a TWP, the SSA may no longer consider you disabled, and your benefits will most likely get revoked.
Other than your medical conditions, many factors affect the continuity of your disability benefits. Some of them are:
- Reached Retirement Age: Your SSDI benefits may continue until retirement. Once you’ve reached the full retirement age, your disability benefits automatically convert into retirement benefits.
- Beneficiary’s Death: If an SSDI recipient dies, Social Security will not pay disability benefits for that month in which the recipient died. In such situations, certain family members may be eligible for survivor benefits.
- Arrest and Imprisonment: Anyone arrested and facing felony charges will have their disability benefits terminated after one month in prison. After proof of release, benefits may get reinstated. If the recipient is released, later convicted for their crime, and sentenced to additional prison time, the benefits may get terminated again.
- Making Too Much Income: If you can earn a substantial income, the ability to collect disability may get impacted. SSA can also include non-income-generating activities as substantial work activity. Income from return-to-work programs, such as Ticket to Work and Plan to Self-Support (PASS), is exempted from these limits.
- Turning 18: Before their 18th birthday, children on disability will have their eligibility reviewed. Benefits for disabled children are likely to continue, but children receiving disability benefits due to their parents' condition may no longer be eligible.
Knowing the common reasons for the termination of your disability benefits will allow you to resolve the issue and restore your benefits. Some of these reasons for benefit revocation are straightforward and can get rectified, while others may necessitate the services of an experienced lawyer.
Changes in your living standards, assets, income, marital status, and state of residence may impact the amount of your disability check and even your eligibility. Any changes that may affect your or your family member's disability benefits should get reported to SSA. You may be required to repay disability overpayments if you attempt to keep your benefits by failing to notify SSA when your condition improves or begin earning a substantial income. Have a query or doubt, will I receive disability benefits forever once approved? Let Kalfus & Nachman's expert disability lawyers in Virginia guide you and clear your suspicions.
What Should I Do if the SSA Conducts Continuing Disability Review
The Social Security Administration will conduct periodic reviews of your condition to determine whether you are still eligible for financial assistance. You should not be worried if you receive a letter from the SSA stating the review of your case. However, take every precaution to increase the likelihood that the SSA will agree that your condition still qualifies you for benefits. You can help the SSA review your case by providing any documentation they request and attending any exams or interviews they schedule. If you believe the SSA wrongfully terminated your benefits following a review, seek immediate legal counsel from an experienced SSD lawyer in Virginia.
SSDI Benefits Revoked? Kalfus & Nachman Fights For You
Are your SSDI benefits revoked in Virginia? Do you still believe you are eligible for SSDI benefits? You have the right to file an appeal if your benefits get terminated. To continue with your disability payments, file an appeal within 60 days of the termination of your benefits. The system can be very complicated, and hiring a lawyer could mean the difference between receiving or not receiving your SSD benefits. With their strong and zealous advocacy, Kalfus & Nachman's skilled disability attorneys help you fight the wrongful termination of your disability benefits. Call us for a free consultation today at 855-880-8163
Resources: