As attorneys for social security benefits, we have seen several people who lose their social security disability benefits. There are usually two grounds for this termination; increased income and improved medical conditions.

However, there’s a whole lot more to the termination of social security benefits. This article outlines why the SSA can terminate your entitlements and what you can do about it.

Understanding the Difference Between SSI and SSDI Benefits

Suppose you receive disability benefits under the Social Security Disability Insurance (SSDI). In that case, it means you have paid enough social security taxes in your lifetime to be eligible for disability benefits.

It is a sort of point-based system. Once there’s proof that you paid enough taxes, the Social Security Administration (SSA) has to pay you. They’ll do this if you have a health challenge that causes you to be unable to work.

To be eligible for the Supplemental Security Income (SSI) benefits, you don’t need to have paid enough taxes.  If you earn little or no income, you are automatically eligible for it. Find out your eligibility status by talking with disability lawyers in Milwaukee.

What Can Cause SSA to Terminate Your SSDI Benefits?

In addition to improved medical conditions, the following factors can cause you to lose your SSDI benefits:

Reaching Retirement Age

Typically, a person who has reached retirement age should not be working. Following this assumption, the SSA terminates Social Security Disability benefits when you have reached retirement age (66).

This, however, does not mean that the SSA has abandoned you as they will transfer you to a new program where you can receive social security retirement benefits instead. If the preceding doesn’t happen, contact a Wisconsin disability attorney.

Going to Prison

Going to Prison always has severe consequences during and after incarceration. The SSA does not continue your benefits if you are in prison.  During your stay behind bars, they will pause sending you your benefits and resume a week after leaving the prison. This applies to any other form of institutionalization except for participating in a rehabilitation program.

Returning to Work

According to the SSA, if you are involved in substantial gainful activity, you cannot be eligible to receive SSDI benefits. If you start receiving it while on SSI benefits, the SSA has grounds to terminate your benefits.

You might be wondering what the SSA considers “Substantial gainful activity.” While that phrase might mean different things to different people, it means earning more than $1,310 if (or $2190 for blind people). A social security law attorney can explain better.

Working Too Much

You might think, “There should not be a penalty for working too hard.” But it turns out there is if you are on SSDI benefits. It is important to note that substantial gainful activity is not all that the SSA refers to as work. If you are working too many jobs, they might also terminate your benefits. This could occur even if you earn less than the $1,310 paid per month.

What Can Cause SSA to Terminate Your Social Security Disability Benefits? 

For SSI benefits, a positive change in one’s medical circumstances could also cause entitlement termination. However, this is along with other factors, like income increase.

The recognized individual income limit is $794 per month and $2000 in assets. If you ever go above this income and asset limit, it becomes grounds for the termination of your SSI benefits. You should note that this is subject to several factors, including the following:

  • Do you receive free food or shelter from someone else? That’s in-kind income.
  • Does your spouse earn an income, or did he/she get a recent increase in income and assets?
  • Are you a minor, and you’re still a beneficiary of your parent’s income?
  • Have the value of your assets increased past the stipulated $2,000?

Can a Wisconsin Disability Lawyer Help Me Maintain My Benefits?

Yes. If the SSA has terminated your SSI or SSDI benefits, a professional SSI and SSDI attorney can help you regain your disability benefits. They can make appeals to claim your benefits back based on a myriad of reasons such as dependents, the amount earned from the work you do, etc. As each case is unique, it is essential to speak to a lawyer to help you make the right decisions and the right appeal.

Speak to a Disability Law Attorney Today

Have your disability benefits suddenly stopped coming? You should contact a lawyer at Tabak Law immediately. Our experienced disability benefits lawyers will help you identify why the SSA terminated your entitlements and work with you to rectify it. To get started, give us a call today.

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