Recipients of SSDI and SSI may wonder whether Social Security benefits can be taken away. The most common reasons involve 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 3 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 4 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.
Medical Improvement
If a beneficiary’s medical condition improves to the point where they no longer meet the Social Security Administration’s (SSA) definition of disability, their benefits may be stopped. Regular medical reviews are conducted to assess whether the individual still qualifies for disability benefits.
During your application process for disability benefits, your assigned judge will set a date for a Continuing Disability Review (CDR). This review is set to determine if your disability is still present and whether you still qualify to receive benefits. Typically, CDRs happen every 3 years.
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 3 or so years. They may also request an examination by a doctor affiliated with the SSA.
Your CDR may happen sooner than 3 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 7 years if your medical conditions are 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 means you have to make less than the set SGA limit to receive your benefits. If you earn over a certain wage limit per month, you may not be eligible for benefits.
SGA limits for 2022 are $1,550 a month for non-blind people and $2,590 for people with blindness.
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 volunteering and favors work based on the approximate market value of the labor.
Income from return-to-work programs is exempt from these limits, including Ticket to Work and Plan to Self Support (PASS) work plans.
Retirement or Turning 18
Children on disability about to turn 18 will have their eligibility reviewed prior to their 18th birthday. This review can be delayed until the child is 19 if they are enrolled as a full-time student. Benefits will likely continue for children who are disabled, but children receiving disability benefits related to their parents’ condition may no longer be eligible.
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 1 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 of 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 Social Security benefits taken away by working with an experienced California disability lawyer to prepare for your 3-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 have 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 or fill out our online form to schedule a free consultation.
