A severe disability can impact your life for a long time, perhaps even forever. Getting long term disability benefits through SSI can be extremely helpful for people who have suffered debilitating injuries. Still, people often wonder how long they can expect their benefits to last. In this blog post, Fayetteville, AR disability lawyer Ken Kieklak, Attorney at Law, will explain how long you can receive long term disability benefits and how we can assist with filing claims, appealing claims, and dealing with insurance companies.
Can Long-Term Social Security Benefits Get Terminated in Arkansas?
Social Security Disability benefits last for as long as you meet the qualifications for eligibility. You will no longer be able to receive benefits if your condition improves or your disability goes away. Your Social Security Disability Benefits can also be terminated for the following reasons: you reach the age at which you can receive Social Security Retirement benefits (65), you go to jail, you lie about your injury or disability, you no longer have a financial need for benefits, or you no longer qualify based on your work credits.
Meeting Disability Requirements
You can only receive disability benefits if you have an eligible disability and either a work history that supports your ability to receive Social Security benefits (this means that you’ve accumulated enough work credits to qualify) or a financial need for benefits. For you to be eligible for Social Security Disability benefits, your disability must be one of the qualifying disabilities listed by the Social Security Administration. Simply having the condition is not enough to qualify—the qualifying condition for disability in Arkansas must be severe enough to prevent you from going to work to earn a living.
The Social Security Administration periodically reviews who receives disability benefits. These are known as Continuing Disability Reviews, and they’re given to everyone that receives benefits through the Social Security Administration. They occur, depending on your condition, every 18 months, three years, or seven years; the less likely your condition is to improve, the less frequently your reviews will occur. If your condition seems to be improving, the Social Security Administration may ask you to go back to work on a trial basis for up to nine months. If you can perform your work tasks, you will no longer be able to receive benefits.
Reaching Retirement Age
Social Security Disability benefits last until you reach the age of 65, at which point you’ll be able to receive benefits as a retired person. To continue to receive benefits through Social Security as a retired person, you will have to keep a close eye on your condition. Continue to go to the doctor and get treatment for your condition. Having a doctor’s assessment of your inability to perform normal activities will be necessary when you undergo a Continuing Disability Review. If you don’t respond to notices about your Continuing Disability Reviews, you might lose your benefits entirely.
Disabled individuals that go to prison will no longer be entitled to benefits through Social Security. The purpose of Social Security benefits is to provide people with funds to pay for basic living expenses. Since they will have no living expenses while incarcerated, Social Security is no longer necessary. You can continue to receive Social Security benefits if your incarceration lasts less than 30 days. After an individual has served their jail sentence and been released from prison, they will be able to resume their payments without having to re-apply for benefits if their sentence lasted 12 months or less. Sentences longer than 12 months require a new application.
Other Reasons Your Disability Benefits May Be Terminated
Social Security Disability benefits may be terminated if the SSA discovers that you: lied about your disability, you no longer qualify for benefits based on accumulated work credits, or you no longer have a financial need for benefits. You may no longer need financial assistance if you receive benefits through another avenue, such as Workers’ Compensation or if you receive an inheritance.
How an Attorney Can Help You Stay On Long-Term Social Security Disability in Arkansas
If your benefits are terminated, you can work with a Greenland, AR disability lawyer to appeal the Social Security Administration’s decisions. An attorney can help you restore your terminated benefits by helping you file the right paperwork to prove that you are still in need of benefits. You might have to undergo medical examinations to prove that your condition is still severe enough to keep you from being able to go to work. In some cases, you may be able to re-apply for Social Security Disability benefits through a spouse or parent, which an experienced disability attorney can help you do.
It is possible to file an appeal on your own, but your case will move along much more quickly if you use the help of an attorney. Using an attorney for matters related to your Social Security Disability can also significantly increase your chances of being approved when you apply for disability benefits in Arkansas or if you file an appeal if you are denied disability benefits in Arkansas.
Fayetteville, AR Disability Attorney Offering Free Consultations in Arkansas
Dealing with the Social Security Administration after a life-altering injury can be extremely difficult. Use the services of Harris, AR disability lawyer Ken Kieklak, Attorney at Law, to correspond with SSA and get the benefits to which you’re entitled. Years of experience allow us to fight on your behalf. To speak with us about scheduling a free and confidential consultation, call us at (479) 316-0438.
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