Five Ways People Risk Losing Disability Benefits

If you are currently receiving disability benefits through the Social Security Administration (SSA), then you may think your worries are over. However, it is entirely possible to lose your Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits, even after you have been approved for them. Here are five ways that people can risk losing disability benefits:

  1. Recovering from your disability
    • One common way that people risk losing disability benefits is that they cease to be disabled. This is probably the ideal outcome, where you no longer need to rely on disability benefits because you are now healthy enough to work. However, it is ultimately the SSA that determines whether you are considered healthy enough to no longer qualify for SSDI or SSI, not your own doctor.
  2. Engaging in “substantial gainful activity”
    • Another way that some people on Social Security disability benefits lose their eligibility is by engaging in what is referred to as “substantial gainful activity.” In other words, you begin making more money than the maximum allowable limit, which (for 2023) is $1,470 per month for non-blind individuals, or $2,460 per month for blind individuals. This amount is adjusted each year to match changes in the cost of living.
  3. Failing to meet requirements of Continuing Disability Review (CDR)
    • One of the requirements for maintaining your disability benefits is going through a Continuing Disability Review, or CDR for short. Essentially, you are evaluated again every three years (or every five to seven years for conditions unlikely to improve) to determine the nature and extent of your disability. If you miss the CDR or fail to meet its requirements, you may lose your benefits.
  4. Reaching retirement age
    • Another fairly common reason that people risk losing disability benefits is that they reach retirement age, which can occur between 62 and 67 years of age. Rather than losing your benefits entirely, however, you will be moved on to normal Social Security payments, like any other retired person. This may result in a change in the amount of benefits you receive, depending on how much you received from SSI or SSDI.
  5. Incarceration for 30 days or more
    • Finally, if you are ever incarcerated for a crime with a punishment lasting 30 days or longer, it may place your disability benefits in jeopardy. However, if you face this problem or any other issue with your disability benefits, you should contact a lawyer with experience handling disability benefits claims. They can help you explore your legal options, and give you the best chance possible at maintaining your benefits.

If you or a loved one need assistance applying for SSDI or SSI benefits, it is important that you seek the guidance of an experienced Social Security Disability benefits lawyer. The lawyers at Sullivan & Kehoe, LLP have over 50 years of combined experience between its attorneys and are available to you or your loved one in obtaining Social Security Disability or Supplemental Security Income benefits. To schedule a consultation with our New York Social Security Disability benefits lawyers, call (631) 823-7155.

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