Serving clients in Fayetteville and all of NW Arkansas
If you receive disability benefits through Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), you know how important these benefits can be. If the government suddenly cuts off your disability benefits, you and your family could be without support. In some cases, the Social Security Administration (SSA) may consider this a “suspension” of benefits, and you may have a chance to have your benefits reactivated or resumed.
If your disability benefits were suspended in Arkansas, contact Springdale disability suspension lawyer Ken Kieklak today. Ken Kieklak, Attorney at Law, has decades of experience representing disabled Arkansans and fighting to get them the disability coverage they need to support themselves and their families. To schedule a free consultation, contact our law offices today at (479) 251-7767.
Why Would Disability Benefits Be Suspended in Arkansas?
The SSA commonly suspends benefits primarily in situations where your disability is called into question. The SSA’s rules say that they will suspend your benefits when they know that you are no longer disabled, but they cannot tell when your disability ended. This usually happens under certain circumstances where the Administration may want further information to prove you are still disabled. If you fail to respond or supply information, your benefits may be terminated altogether.
To qualify for benefits, you must have a severe medical condition, mental illness, or an injury that prevents you from being able to work. You must report any wages earned while on disability, so the SSA will usually know if you are working despite your injury. If you are, the SSA may consider you to no longer be disabled. If you fail to report wages, your benefits will likely be terminated anyway.
There are certain rules that do allow you to work while receiving disability, such as rules for a trial work period. These rules are strict and must be followed to the letter to allow you to continue receiving benefits while working. If you use up the 9 months allowed for a trial work period and continue to work for 2 months beyond that period, your benefits might be suspended. Additionally, if you use a trial work period without authorization by earning more than $880 per month in 2019 ($850 in 2018), then your benefits might also be suspended.
Otherwise, any other failure to follow SSA rules can result in a benefit suspension. This means that if you fail to report wages, you fail to respond to any questions or requests the SSA makes, or you are discovered to have committed disability fraud, your benefits will be suspended.
How Can I Get My SSDI Benefits Back After A Suspension?
In many disability cases, benefits are suspended by mistake or because of a misunderstanding. In most cases, the SSA will suspend your benefits and request additional information. Sometimes, giving them the information they request is enough to satisfy them that you are still disabled and still need your benefits. In other cases, things might be more complex. In any case, to get the best chances of having your benefits restored, talk to a lawyer to ensure that you make the right decisions and put your best foot forward in your interactions with the SSA.
If the SSA requests additional information, you may essentially need to prove your disability to them all over again. When you initially applied, you might have needed to produce medical records, mail them forms from your doctor, or even undergo a physical examination by a doctor the SSA trusts. When your benefits are suspended, you may need to go through that process again, supplying the SSA with additional medical information and evidence. Your lawyer can help you determine what paperwork and tests you need to prove to the SSA that you are still disabled and still need disability benefits.
If your benefits were suspended because of rules violations or accusations of working while you are disabled, you may need an attorney to help appeal your case and get your benefits reinstated. You should always work with an attorney any time you are on disability to ensure that you follow the rules from the beginning, which can help you avoid running afoul of the rules and having your benefits suspended in the first place. If your benefits are suspended, talk to an attorney immediately.
Your attorney may be able to appeal your suspension to the Social Security Administration or a court to reinstate the benefits you and your family need.
Will I Lose My Disability Check if I Get Married?
One other reason your benefits may be suspended occurs due to marriage under specific circumstances. If you were disabled from before the age of 22 and received benefits on one of your parents’ work records, you may have your benefits suspended if you get married. If this happens, your benefits may be resumed under your spouse’s work record, or you may need to reapply for benefits. Talk to a lawyer about resuming your benefits if you receive benefits on a family member’s work record.
Call Our Springdale, Arkansas Disability Suspension Lawyer for a Free Consultation
If you or a loved one had their disability benefits suspended in Arkansas, call Ken Kieklak, Attorney at Law, today. Our Springdale disability suspension attorney can help you file an appeal and get your benefits restored if the SSA suspended your benefits because of a mistake or an error. For help with your case, contact our law offices today to schedule a free consultation. Our number is (479) 251-7767.
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