Serving clients in Fayetteville and all of NW Arkansas
Disability benefits are vital to so many Arkansans who cannot work because of serious medical conditions, cancer, injuries, and other conditions. If you or a loved one depends on SSDI disability benefits, having your benefits cut-off may make it impossible to support yourself.
If you have had your disability benefits terminated, talk to an attorney today about your case. Springdale disability termination attorney Ken Kieklak represents individuals and families who have lost their disability benefits and fights to get benefits restored. To schedule a free consultation on your case, call Ken Kieklak, Attorney at Law today at (479) 439-1843.
Reasons Disability Can be Suspended or Terminated in Arkansas
Disability continues, in most cases, as long as you continue to need it. One of the original qualifying requirements for disability is that you have a condition expected to last longer than a year or end in your death. In cases where you recover from your condition or your ailment ends, you may no longer qualify for disability. Even conditions like cancer, which could leave you completely unable to work for an extended period, may eventually go away. If you are recovering from your condition, but you are still unable to return to work or support yourself, you may have your benefits unfairly terminated.
If you return to work, your disability payments may be terminated. Under the Social Security Administration’s rules for disability, you cannot qualify for disability if you make over $1,180 per month (in 2018). This represents what the SSA calls “Substantial Gainful Activity.” If you are able to provide this much for yourself by working, the SSA will not consider your condition “severe” enough to qualify for benefits. If you return to work and make more than $1,180/month, the SSA may terminate your benefits.
Even if you cannot perform work tasks, you may also have disability benefits cut off if you return to school. Many school tasks are just as demanding as work tasks, and your ability to perform these tasks shows you may be able to work.
Terminated Disability Benefits after a Trial Work Period
If the SSA sees that you are recovering or you decide to test yourself, you may be able to try to go back to work and continue to receive benefits during a “trial work period.” If you are able to continue working for 9 months, the SSA may end your benefits and allow you to return to work. If you find the work too difficult, the SSA should not terminate your benefits.
Many of these processes are confusing, and you may accidentally set yourself up for termination. Talk to an attorney if you are considering returning to work or have already begun a trial work period. An attorney like Ken Kieklak can oversee your trial work period and help you understand whether your disability benefits may be at risk during your work period.
Your monthly benefits may be terminated for many reasons after a trial work period. First, the SSA may find that you are able to perform substantial gainful activity and require you to go back to work, terminating your benefits. Second, failing to report your wages may violate SSA rules and disqualify you for disability benefits. Lastly, you may work too many hours or work for too long of a period, running into problems with trial work period standards.
An attorney may be able to fight any of these trial work period issues and help get your benefits restored.
Restoring Lost Disability Benefits
If you or a loved one had your benefits terminated, it may not be too late to get them restored. Benefits may face termination because of clerical errors or misunderstandings with the SSA. Especially if your condition is very severe or you are unable to support yourself without disability benefits, you may be able to have the benefits restored.
In most cases, you must act quickly to continue receiving benefits. You must challenge the termination within 10 days to continue receiving benefits while your appeal goes through. If the SSA accepts your petition for reconsideration, your benefits may resume, and you may continue receiving payments you need. An attorney can help submit this appeal and ensure it is filed properly and timely.
If your appeal fails, you may need to take your case to an administrative law judge. Your attorney can represent you before the court and help with any hearings to prove you need continued benefits and are in compliance with SSDI rules.
Springdale, Arkansas Disability Lawyer Offering Free Consultations on Terminated Benefits
If you receive a letter from the Social Security Administration saying your disability benefits have been terminated, contact an attorney immediately. You may have a limited time to fight the benefit termination and continue receiving disability payments. For a free consultation on your case, contact Springdale, Arkansas disability benefits termination attorney Ken Kieklak at (479) 439-1843.
Workers’ compensation and disability are two programs that work to the benefit of injured and disabled workers respectively. However, there are differences between workers’ comp and disability that a person should know about before filing an application for either...read more
Drivers behind the wheel of a car or truck have a responsibility to drive safely and follow the rules of the road. Pedestrians walking along the road or crossing the street have little to no protection from airbags, seatbelts, or other protective devices, and they...read more
After being involved in a car accident, most people involved will focus on the issue of fault. People wonder whether they are at fault for the crash or how they can prove the other driver was at fault. In most car accident cases, “fault” is determined by looking at...read more
Taking a substantial amount of time away from work whether it was caused by a serious injury or an exigent circumstance is difficult for any person. You may have several concerns with taking time away from work, like whether you will still receive income or whether...read more