Being unable to work because of a disability is distressing. After monthly benefit payments start arriving, you may feel a great sense of relief. However, sometimes disability benefits are terminated after a review by the Social Security Administration (“Social Security”). When something this happens, what should you do? That’s what we will examine in this article.
Social Security Disability Benefits
Someone who stops working because of a medical condition may qualify for Social Security Disability Insurance (SSDI). The application process can be long and stressful. Even worse, a large percentage of applications are denied when first submitted. When a disability claim is approved, monthly payments start. Some recipients even receive backpay for benefits they should have received while their claim was being considered or appealed.
However, Social Security does conduct periodic reviews of disability claims to confirm eligibility. Afterward, people may find their disability benefits were terminated.
Causes of Disability Benefit Termination
During a review, Social Security looks at whether you are still disabled and possibly if you are working. Benefits may be terminated if:
- You are working at a substantial gainful activity level. In 2020, Social Security considers $1,260 per month to be substantial for disabled individuals. Blind recipients may earn up to $2,110 per month.
- Your medical condition has improved to the point that you no longer meet Social Security’s definition of disability.
You may feel tempted to give up after receiving a termination letter. However, you still have options.
After Disability Benefits Are Terminated
Just as you can appeal a denial of your initial application, you may appeal a termination of benefits. Your first step is to share your termination letter with an experienced disability lawyer. Then, you may proceed through the four-stage appeals process until your benefits are reinstated or until your appeals are exhausted.
The first stage of appeal is to request a reconsideration of your disability benefits. If your case is denied at this level, you may request a hearing before an administrative law judge. The third stage is to ask for an Appeals Council review. Finally, you may have to file a lawsuit in a federal court asking for a review of your disability benefits that were terminated.
If Your Claim Was Denied, You Are Not Alone
Many first-time claims are denied. When going through the appeal process, it helps to have someone in your corner. The attorneys at The Law Offices of Martin Taller have the experience and ability to take on your case. For a free consultation, call us at 714-385-8100. We assist clients throughout Southern California from our home office in Anaheim.
