Social Security Disability Insurance (SSDI) benefits only continue as long as you need them. You can only receive disability benefits if you continue to qualify as “disabled,” and any indication that you no longer qualify may mean the benefits come to an end. If you receive Supplemental Security Income (SSI) because of your disability, you may have other requirements to meet.
If you suddenly lost your disability benefits or received a letter from the Social Security Administration (SSA) saying that your benefits will be terminated, talk to an attorney today. There may be ways to restore your disability payments if you are still disabled. For a free consultation on your case, contact Fayetteville termination of benefits lawyer Ken Kieklak today at (479) 316-0438.
When Can Social Security Disability Benefits Be Terminated in Arkansas?
One of the most important aspects of receiving disability benefits from Social Security is making sure that you meet the qualifications. If you do not qualify to receive Social Security Disability (SSD) benefits, then you cannot receive them in the first place. Similarly, if you lapse in eligibility, your disability will usually be terminated.
Your eligibility for benefits depends on which form of disability benefits you receive. SSDI is primarily awarded to disabled individuals who have a work history that supports their ability to receive Social Security benefits. This is similar to the retirement benefits you could receive, but these benefits are awarded early if you become disabled. Alternatively, you may be eligible for SSI if you have a disability and have a financial need for benefits.
In either case, the first eligibility requirement is that you have a disability. The SSA keeps a list of qualifying disabilities, but this is not the deciding factor in whether you are officially “disabled.” The list of disabilities includes health conditions and injuries that are sufficiently serious to keep people from going to work. However, simply having one of these conditions is not enough to ensure you qualify. In addition, the condition must be severe enough to keep you from being able to work to support yourself. Even if your condition is not on the list, you may still be able to qualify with a similarly severe condition.
The Social Security Administration may test your ability to work by asking you to go back to work. This could be arranged as part of a “trial work period,” where you can test your ability to work. If you are able to perform work tasks, the SSA may see that you are no longer disabled and terminate your benefits.
Additionally, the SSA can terminate benefits if they discover you were lying about your disability or find that you no longer qualify based on work credits (for SSDI), financial need (for SSI), or because your condition is no longer severe.
Restoring Disability Benefits After Termination in Arkansas
If your benefits are terminated, that may not be the end of your case. A Social Security Disability lawyer can appeal the SSA’s decisions and fight to get your terminated benefits restored. Disability is typically not granted unless the disability is expected to last over a year or end in the applicant’s death. Because of this, recipients may need to continue receiving these benefits, and terminating benefits may be detrimental to the recipient.
An attorney can help you file the proper paperwork to prove you still need disability benefits. This may require medical examinations and additional proof of your disabling condition to show that disability benefits are still necessary. You and your physician may need to submit sworn statements regarding your day-to-day abilities, ability to perform certain work tasks, and overall health.
If your disability was terminated as part of SSI payments, your issue might be that you no longer have a financial need for disability benefits. If you have some other benefits, such as a workers’ compensation settlement, that supports your needs, you may not need disability benefits anymore. Alternatively, if your SSI is cut-off because you are no longer eligible, you may be able to re-apply for SSDI through a spouse’s or parent’s benefits.
Fayetteville Disability Termination Lawyer Offering Free Consultations
There are multiple reasons that disability benefits could be terminated. Talk to an attorney today about why the SSA has stopped paying your disability benefits for help understanding the options to restore your disability payments. In some cases, the issues may stem from a simple misunderstanding, but in others, more serious legal counsel and advocacy may be necessary.
For a free consultation on your disability case, contact Ken Kieklak, Attorney at Law today. Ken is an Arkansas disability lawyer and disability termination attorney who can help fight your case if the Social Security Administration has ended your benefits. For a free consultation on your case, contact our law offices today at (479) 316-0438.