Social Security Disability Insurance (SSDI) is a federal program that provides monthly cash payments to disabled workers and their dependents. The Social Security Administration (SSA) determines whether someone qualifies for benefits based on medical evidence, the severity of the impairment, work history, and many other factors. To qualify for SSDI benefits, you must have been diagnosed with a disability from an SSA-approved list of impairments. Alternatively, you must prove you are unable to participate in any substantial gainful activity due to your mental or physical condition.
A person’s eligibility for Social Security disability insurance may change over time as their impairment either improves or worsens. If a person’s condition has improved enough that they can return to work, they will no longer be considered disabled and thus no longer be eligible to receive benefits. However, they must report their new work activity to the SSA so the agency can decide if they are still eligible for benefits.
If a person’s condition has worsened and they are no longer able to work, they must reapply for benefits to receive cash payments. The SSA reserves the right to determine whether a person is still disabled, and in some cases, may decide unemployment resulted from some other cause. In these cases, disability may be revoked. It is important to understand that Social Security disability insurance is not a permanent benefit, and eligibility may change over time.
What Life Events Warrant the Review or Revocation of Social Security Disability Payments?
Certain life events may warrant a review of a person’s eligibility for Social Security disability insurance. As mentioned, a review does not necessarily mean revocation is imminent. Qualifying life events for an SSDI review include:
- Returning to work. If a person returns to work, it generally indicates that their medical condition has improved, and they are no longer considered disabled. The SSA must be notified of this change to make another determination regarding benefits.
- Substantial increase in income. If a person’s income exceeds a certain limit, they may no longer be considered disabled. The SSA has a work incentive program that allows people to keep their benefits while they are working a minimal schedule. However, if a person’s monthly earnings exceed the limit set by the SSA, their benefits may be revoked. This stipulation is part of an effort to reserve benefits only for those who are truly unable to work a full schedule.
- Retirement. If a person retires, the income they have been receiving transitions automatically to retirement benefits. This is a very simple process to ensure there is no disruption in the benefits these individuals need to support themselves.
- Death. If a person receiving Social Security disability benefits dies, their spouse or child may be eligible to receive monthly cash payments. However, the SSA must be notified of the death to determine if any benefits remain. Moving forward, eligibility will depend on the circumstances surrounding their death.
- Arrest. Anyone who has been arrested for committing a crime may have their Social Security disability benefits revoked after incarceration. Benefits would only resume if the individual was found not guilty or after they have been released from custody.
Working directly with an attorney specializing in Social Security disability can help you ensure you are receiving the disability benefits you are owed.
What Are Court-Order Continuing Disability Reviews?
Court-order continuing disability reviews are a process the SSA uses to review a person’s eligibility for Social Security disability benefits. This is done to make sure that individuals who are receiving benefits are still unable to work and continue to meet the qualifications for cash payments.
To initiate a court-order continuing disability review, a person must file an application with the SSA claiming their condition has worsened. The court will then appoint an administrative law judge to review the case and the action filed. The court will determine whether the person receiving benefits is still disabled. If the court finds they are no longer disabled, the SSA will discontinue the benefits.
Should I Hire a Social Security Disability Attorney?
It is important to have an experienced Social Security disability attorney by your side during this process. The value of an attorney cannot be underestimated when it comes to navigating the complexities of the Social Security disability system.
- Expertise. An attorney who specializes in Social Security disability has a deep understanding of the law and how it applies to your specific case. This knowledge can be invaluable when it comes to completing your application or presenting your appeal, ensuring you get the benefits you deserve. Unfortunately, the average individual does not have this same advantage.
- Support. Going it alone in the SSDI process can be very intimidating and difficult. Having an attorney by your side will ensure you get the support you need. This includes help with filing all necessary paperwork, providing expert testimony during the hearing, and ensuring that your rights are protected.
- Compassion. An attorney who specializes in Social Security disability understands the importance of these benefits. They are often essential for an individual to continue living life and meet their basic needs. A professional attorney will work tirelessly to make sure you achieve the best possible outcome and that you are treated fairly throughout the process.
If you or a loved one is considering applying for Social Security disability benefits or facing revocation of SSDI, it is important to realize the complexity of the system. Finding an experienced attorney to guide you can help you retain your rights and continue receiving payments.
Contact Gade & Parekh for Social Security Disability Support Today
At Gade & Parekh, LLP, we understand the importance of Social Security disability benefits and their value to maintaining your life. We offer a detailed consultation to help you determine whether you are eligible for benefits and complete the procedure necessary to apply. We also deeply understand the various life events that can impact eligibility and end your benefits. Our attorneys will work tirelessly to prevent the revocation of your benefits if possible. Contact us today to begin the process.