The Social Security Administration (SSA) May Cut Off Your Disability Benefits After You've Been Awarded

When you are awarded Social Security Disability Insurance (SSDI) benefits or Supplemental Security Income (SSI) benefits, the SSA will recommend a review in the future. Depending on the physical disability or mental disorder that is the basis of your award, the SSA will recommend that you undergo a continuing disability review (CDR) anywhere from 1 year to 5 years after the decision.

If the CDR finds either a) that you are working and earning above the substantial gainful activity (SGA) amount or b) that the medical conditions for which you were awarded disability have improved significantly, then the SSA may cut off your disability benefits.

The SSA wants disability beneficiaries to return to the workforce if they are capable. To encourage this, the SSA will allow a nine-month trial work period. During this trial work period you can earn as much as possible with no penalty. If however you have more than 9 months of SGA, the SSA will stop your benefits. You can have your disability benefits reinstated if your medical condition deteriorates and you have to stop working within 36 months from that date.

A termination of benefits is not final. You have another five years from the date your benefits were cut off to file for an expedited reinstatement of your benefits. To prevail you will have to prove that the medical conditions for which you were awarded initially are severe enough to keep you from working at the substantial gainful activity level. You may also try to prove your claim by showing that new conditions keep you from working full-time.

Do you have to return to work after being awarded disability benefits? No. Most people who are approved for SSDI or SSI do not return to work and receive benefits until they reach full retirement age or pass away. A CDR will not necessarily lead to your benefits being stopped.

What can you do to help keep your benefits? Stay in medical treatment. If your medical records show consistent treatment that demonstrates medical impairments that limit your ability to work or perform activities of daily living, then the SSA will likely find you continue to be disabled.

Newport News Social Security Disability attorney and Richmond Social Security Disability lawyer Corey Pollard helps disabled adults and children get the SSDI, SSI, Virginia workers compensation, and long term disability benefits they need. Call or e-mail today for a free consultation.