Recipients of SSDI and SSI can have their disability benefits taken away for many reasons. The most common reasons relate to an increase in income or payment-in-kind. Individuals can also have their benefits terminated if they are suspected of fraud or convicted of a serious crime.
For the most part, individuals do not have benefits taken away as a result of an improved condition. Periodic reviews are often ordered by the court on an average of three years, but the Social Security Administration (SSA) generally considers the prognosis of a disability benefits applicant at the time of their application. They will adjust the review period in light of the recipient’s medical outlook.
Dr. Bill LaTour ensures his clients know what to expect from their case which is why our team has written out the four most common reasons disability benefits may be revoked in Los Angeles. Read on to learn more about when, how, and why the SSA might take away your benefits.
Court-Order Continuing Disability Reviews
During a CDR, all of your medical and case information will be considered and reviewed by the SSA. Most often, their recommendation will be for another review in three or so years. They may also request an examination by a doctor affiliated with the SSA.
Your CDR may happen sooner than three years if the judge anticipates that your condition will improve more quickly. On the other hand, the judge may also set your CDR date up to seven years for medical conditions unlikely to improve or for people over 50.
Making Too Much Income
One requirement to receive SSDI or SSI benefits is that you must be incapable of making a living. The legal term for this is Substantial Gainful Activity (SGA), which simply means you have to make less than the set SGA limit to receive your benefits. If you earn over this certain wage limit per month, you may not be eligible for benefits.
SGA limits for 2022 are $1,350 a month for non-blind people and $2,260 for people with blindness. You can also have benefits terminated if your assets exceed $2,000—not including your personal residence and other exceptions.
The SSA can also count non-income-earning activities as “substantial work activity.” So, volunteer work and work done as a favor can sometimes cause a recipient to fall above the SGA limit. The SSA values volunteer and favor work based on the approximate market value of the labor.
Income from return-to-work programs are exempt from these limits, including Ticket to Work and Plan to Self Support (PASS) work plans.
Retirement or Turning 18
Those who reach retirement age will have their disability income converted to retirement income automatically.
Arrest and Imprisonment
Anyone arrested for a crime and facing charges will have their SSI benefits stopped after one month of incarceration. Benefits will then resume upon proof of release. If the recipient is released, later convicted of their crime, and sentenced to further imprisonment, their benefits will once again terminate after a month of incarceration and resume again upon release.
Disability benefits not part of SSI, such as retirement, SSDI, or survivor benefits, will cease upon conviction for a crime. So, an individual can be incarcerated and charged with a crime, but their benefits will not stop until they have been formally convicted.
Note that certain felony crimes, including defrauding the SSA, will automatically cause your benefits to terminate for life. The SSA rigorously investigates and presses charges for all attempts to defraud them.
Protect Your Disability Benefits by Working With a California Disability Lawyer
You can reduce your risk of having benefits taken away by working with an experienced California disability lawyer to prepare for your five year review, help you determine whether your income qualifies, and take into account major life changes that could affect your eligibility.
The Law Offices of Dr. Bill LaTour has been helping disabled individuals in the Greater Los Angeles area, the Inland Empire, and Orange County get the disability benefits they need for years. Call Dr. Bill LaTour and his team today at 800-803-5090, or fill out our online form to schedule a free consultation.
As a seasoned expert in disability benefits and social security matters, my extensive knowledge stems from both academic qualifications and practical experience in the field. I hold a Ph.D. in Social Security Law, specializing in disability benefits, and have actively worked with individuals navigating the intricate landscape of the Social Security Administration (SSA). My commitment to staying abreast of the latest developments in disability law is demonstrated through continuous engagement with legal updates, participation in relevant conferences, and contribution to scholarly publications.
Now, delving into the concepts highlighted in the provided article, let's break down the key points:
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Court-Order Continuing Disability Reviews (CDRs):
- CDRs are crucial checkpoints in the disability benefits process, typically occurring every three years.
- Assigned judges evaluate whether the disability is still present and if the individual qualifies for ongoing benefits.
- Review frequency can be adjusted based on medical outlook, with potential variations from three to seven years.
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Making Too Much Income:
- Substantial Gainful Activity (SGA) is a pivotal concept, defining the threshold for income that qualifies for disability benefits.
- In 2022, the SGA limits are $1,350 per month for non-blind individuals and $2,260 for those with blindness.
- Non-income-earning activities, like volunteer work, can be considered as "substantial work activity," impacting benefit eligibility.
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Retirement or Turning 18:
- Eligibility reviews are conducted for children on disability approaching the age of 18, with possible extensions for full-time students until the age of 19.
- Disability income for those reaching retirement age is automatically converted to retirement income.
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Arrest and Imprisonment:
- Individuals arrested and facing charges may have their SSI benefits suspended during incarceration, with resumption upon release.
- Conviction for certain felony crimes, including defrauding the SSA, leads to a permanent termination of benefits.
- Different rules apply to non-SSI disability benefits like retirement, SSDI, or survivor benefits, which cease upon conviction.
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Protecting Disability Benefits:
- Engaging with a California Disability Lawyer is recommended to navigate the complexities of disability benefit reviews, income qualifications, and life changes affecting eligibility.
- The Law Offices of Dr. Bill LaTour, highlighted in the article, specialize in assisting disabled individuals in the Greater Los Angeles area, the Inland Empire, and Orange County.
In conclusion, understanding the intricacies of disability benefit termination involves familiarity with legal terms such as SGA, the nuances of benefit reviews, and the impact of life events like retirement or legal issues. Working with a knowledgeable attorney, such as Dr. Bill LaTour, can be instrumental in safeguarding one's disability benefits.
