Once an individual has obtained Social Security Disability benefits it is important to understand which events can lead to a termination of this aid. In many cases, an individual who is receiving such benefits can expect them to continue for the coming months and years. However, if your condition improves, you return to work, or you reach full retirement age, your disability benefits may be affected. In order to avoid any surprises you should understand these concepts clearly.
Your Condition Improves
One of the basic qualifications for obtaining disability benefits is that the applicant suffers a disabling condition. After a person has been approved to receive benefits, the Social Security Administration monitors their condition by conducting a medical “continuing disability review” also known as a medical CDR. During a medical CDR the Administration looks at the individual’s condition and determines whether it is still disabling.
If it is no longer disabling, the individual is no longer entitled to receive benefits. Generally, the criteria for determining the existence of a disability during a medical CDR are more relaxed than the criteria used during the review of an initial application. A medical CDR can be triggered the following events:
- Beneficiary notifies the Administration of an improvement.
- Evidence from a medical exam shows improvement.
- Administration is notified of a failure to follow prescribed treatment.
- New treatment is prescribed for the condition.
You Return to Work
Another basic qualification for obtaining disability benefits is that the applicant cannot engage in “substantial gainful activity.” The essence of this concept is that a person earning over a threshold amount per month is engaged in “substantial gainful activity.”
The Administration has stated that a person earning over $1,070 per month earns more than this threshold amount. After a person has obtained benefits, the Administration monitors their work activity by conducting a work CDR. If your work activity shows that an individual is earning more than $1,070 per month, the individual is no longer entitled to receive benefits.
You Reach Full Retirement Age
The Social Security Administration has a disability program as well as a supplemental security income program. A beneficiary cannot receive benefits under both programs at the same time. Therefore, when a person reaches full retirement age as defined by the Administration, he or she begins receiving supplemental security income and stops receiving disability benefits. Full retirement age depends on the year that a person was born.
|Birth Year||Full Retirement Age|
|1955||66 and 2 Months|
|1956||66 and 4 Months|
|1957||66 and 6 Months|
|1958||66 and 8 Months|
|1959||66 and 10 Months|
|1960 and Later||67|
If you unsure whether your disability benefits are going to be terminated in the near future, you should talk to the attorney who helped you obtain approval or your local Social Security Office.
If you or a loved one has been denied disability benefits, then you should contact the attorneys at our Cranston office about appealing. We can talk to you about your situation and help you take the next step towards getting the benefits you deserve. Our Social Security Disability lawyers have handled thousands of claims and have the experience necessary to help you get the maximum benefits possible as soon as possible.
There are no legal fees for our services unless we are successful in appealing your denial. Feel free to call us anytime at 1-800-992-6878, or fill out an online contact form for a free legal consultation.d’Oliveira & Associates
Cranston, RI 02910
Phone: (401) 275-2039