Can You Get Kicked Off of Social Security Disability?
In the majority of cases, claimants of Social Security Disability Insurance (SSDI) benefits or Supplemental Security Insurance (SSI) will receive these benefits for many years, even decades. Any disruption of these benefits when they are desperately needed can be devastating, but there may be times when your benefits can be pulled, such as in the following conditions:
- You decide to go back to work
- Your medical condition has improved
- You have been incarcerated (SSD only)
- You reach retirement age (SSD only)
- You have a change in residency (SSI only)
- Your child turns 18 (SSI only)
- You begin making more money (SSI only)
1. You decide to go back to work (SSD and SSI)
If you are receiving benefits and then return to work, the Social Security Administration can decide you are engaging in substantial gainful activity (SGA). Depending on how much money you make, your benefits could be reduced or cancelled altogether.
2. Your medical condition has improved (SSD and SSI)
If you have been suffering from a medical or psychiatric condition that caused your disability, but your condition improves, the SSA may remove you from the category of “disabled” and stop your benefit payments. This is true for both SSD and SSI benefits.
The SSA conducts a review of all beneficiaries to determine their disabled status, usually every three or seven years. These reviews are not as strict as the standards applied to new applicants for SSDI or SSI. The majority of disability beneficiaries do not have their benefits stopped after these reviews.
3. You have been incarcerated (SSD only)
If you have been receiving disability benefits and you are sentenced to prison, your benefits will cease during the time of your incarceration.
4. You reach retirement age (SSD only)
Beneficiaries of Social Security disability who reach the full retirement age will stop receiving Disability, and instead receive Social Security payments. Your full retirement age depends on when you were born (you can see the calendar here), but it generally falls between 65 and 67 years of age.
5. You have a change in residency (SSI only)
Your eligibility for supplemental security insurance (SSI) may be affected if you leave or enter a nursing home, halfway house, or other similar institution. Also, if you leave the country for at least 30 days, you will no longer receive SSI benefits.
6. Your child turns 18 (SSI only)
Children who turn 18 and have been receiving SSI will have their condition reevaluated by the SSA per adult SSI standards. Based on its evaluation, the SSA will either stop or continue the benefits.
7. You begin making more money (SSI only)
If you are receiving SSI and at some point your assets or income rise above the SSI eligibility limits, the SSA will stop your benefit payments. These limits adjust from year-to-year. There are certain complexities in determining whether you are over the income limit, including factors such as spousal income, parental income, an increase in income, an increase in assets, or receiving free shelter or food.
Securing the Social Security Disability benefits you are entitled to under the law can be a complicated process that requires help from an experienced Maryland Social Security disability attorney. At Plaxen Adler Muncy, P.A. we routinely help disabled individuals obtain the SSDI and SSI they deserve under the law. To set up a free consultation to go over your situation, give us a call today at 410.567.0243, or fill out our contact form.
David Muncy is a partner at Plaxen Adler Muncy. He focuses on personal injury, workers’ compensation, and Social Security Disability cases. For more information, please visit his bio.