When you apply for Social Security Disability benefits, your main concern will most likely be getting approved. Many individuals face initial denial or only receive a fraction of the benefits they actually need. Even in cases where you do secure benefits, there are several ways in which these benefits can be lost. Many people will ask themselves, “What are the three ways you can lose your Social Security Disability?”
Common Reasons You Might Lose Your Social Security Disability Benefits in CA
In California, an individual might lose their access to Social Security Disability benefits for several different reasons. For others, they may be able to collect SSDI benefits for an indefinite period of time, unless certain life events take place. If you are currently receiving necessary Social Security benefits, you could find these benefits terminated for one or more of the following reasons:
- You go back to work. Typically, the most common reason for losing your SSDI benefits is that you have returned to work. SSDI benefits are usually reserved for individuals who are unable to take part in any kind of Substantial Gainful Activity, or SGA. This could play out differently, however, if you are dealing with any kind of condition that is causing blindness.
- Your condition improves. While most SSDI recipients will receive these benefits for as long as their disability keeps them from returning to work, the law requires that the Social Security Administration periodically review their case and condition. If your disability is expected to improve, the Administration will likely review your case much sooner than in cases where your condition is not expected to improve.
- You have reached retirement age. In the United States, you are not able to receive both Social Security disability benefits and Social Security retirement benefits. Once you have reached full retirement age, the Social Security Administration will stop sending you SSDI and start making the more traditional Social Security retirement payments.
If your Social Security Disability benefits have been terminated, it is important that you reach out to an attorney who can review your case and determine whether or not any legal action is warranted. Depending on your situation, we may be able to help ensure these necessary payments continue.
How to Qualify for SSDI
Not everyone who applies for SSDI or SSI will actually qualify to receive these benefits. Under the Social Security Administration, SSDI and SSI are two programs for individuals suffering severe disabilities who are unable to take part in any kind of substantial gainful activity or employment. Nearly 74.5 million individuals across the United States received some form of benefits from the Social Security Administration recently.
To qualify for SSI, you must suffer from a qualifying disability, earn less than Substantial Gainful Activity, and have access to resources under a certain dollar amount. In order to qualify for SSDI, you must suffer from a medically determinable impairment that has been established by medical evidence, your impairment prevents you from earning over any Substantial Gainful Activity, and your impairment is expected to last, or has lasted, 12 months.
About Gade & Parekh, LLP
For decades, the team at Gade & Parekh, LLP has been serving clients across Southern California. From Yolo County to Sacramento County, if you are dealing with issues arising from the Social Security Administration, we are here to help. We understand that these are difficult times for both you and your loved ones, and we are dedicated to helping you obtain the benefits you deserve. You can trust our Stockton Social Security Disability lawyers.
FAQs
Q: How Much Does It Cost to Hire an SSDI Lawyer?
A: It can be difficult to offer an exact number as to how much it might cost to hire an SSDI lawyer in California. The Social Security Administration regulates attorney fees to ensure that pricing is fair. Many SSDI lawyers work on a contingency fee basis, meaning they won’t get paid unless your case is won.
Q: What Should I Do If My Application Is Denied for SSDI?
A: If your initial application for Social Security Disability benefits is denied, you need to hire an experienced Social Security Disability attorney who can assist you through the complicated appeals process. Nearly 67% of all initial claims are denied by the Social Security Administration. While this can be a major discouragement, it does not have to be the end of the road. A seasoned attorney is here to fight for your right to these benefits through whatever means necessary.
Q: Can You Be Taken Off Social Security Disability If You Get Married?
A: Yes, there is always a chance that you might lose your Social Security Disability benefits under certain circumstances if you get married. For example, if you are a disabled widow or widower or you are a disabled adult child, getting married could potentially result in the termination of your benefits. Before getting married, ensure that you have a full understanding of how it might affect your benefits.
Q: Can I Lose My Disability Benefits If I Am Arrested?
A: Yes, if you are incarcerated for more than 30 days, the Social Security Administration will likely suspend your SSDI benefits. Your payments could continue the month following your release, unless you have been incarcerated for more than 12 months. In these situations, your benefits will be terminated, and you will need to reapply. Additionally, if you are a recent parolee, you will not qualify for disability benefits.
Hire a Social Security Disability Lawyer at Gade & Parekh, LLP
If you are concerned about losing your Social Security Disability benefits or have already lost them, you need to hire a Social Security Disability lawyer as soon as possible. If your benefits have stopped or your application has been denied, the legal team at Gade & Parekh, LLP can help. If you are having any kind of issue with the Social Security system, we’ve got your back. Contact us today to schedule your consultation and learn more about our SSDI services.