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Understanding the Top 4 Risks of Losing Your Disability Benefits

BY: Koszdin | Tuesday, September 10, 2024.

Disability benefits can be a vital lifeline for individuals unable to work due to a physical or mental condition. However, maintaining these benefits requires staying aware of the risks that can lead to their loss. Whether you are receiving Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), it’s essential to understand these risks and how to safeguard your benefits. In this guide, the top four risks of losing your disability benefits will be outlined, along with expert advice on how to protect yourself.

Regularly Scheduled Continuing Disability Reviews

One of the most common reasons for losing disability benefits is the outcome of a Continuing Disability Review (CDR). These reviews are periodically conducted by the Social Security Administration (SSA) to determine whether you still qualify as disabled under their guidelines. Depending on your condition, you may face a CDR every few years.

During a CDR, the SSA will review medical evidence to assess whether your disability has improved. If they believe your condition has improved enough for you to work, your benefits may be reduced or terminated. To avoid this, ensure that your medical records are up to date and reflect the ongoing severity of your disability.

 

Earning More Than the Allowed Income

Another common way to lose disability benefits is by earning more than the SSA allows. For SSDI recipients, engaging in Substantial Gainful Activity (SGA) can disqualify them from benefits. As of 2024, the SGA limit is $1,470 monthly for non-blind individuals and $2,460 for blind individuals. Earning over this threshold can signal to the SSA that you can work without benefits.

For SSI recipients, the income limits are stricter. SSI is a need-based program, so any earned or unearned income could reduce your monthly payments or disqualify you from the program. Suppose you are considering returning to work or supplementing your income. In that case, it’s crucial to consult with a disability benefits lawyer in Los Angeles to ensure you don’t inadvertently risk your benefits.

Reaching Retirement Age or Adulthood

Your age may also impact your disability benefits. If you receive SSDI, your benefits will automatically convert to Social Security retirement benefits once you reach full retirement age (typically between 66 and 67, depending on your birth year). While this doesn’t mean you lose your benefits, the nature of your payments changes.

For children receiving SSI, reaching adulthood can trigger a review process to determine if they qualify for adult disability benefits. The criteria for adults are often more stringent, and many recipients find their benefits reduced or terminated once they turn 18. In these cases, having the guidance of a disability benefits lawyer can make the transition smoother and help protect your eligibility.

The calculation of Permanent Disability Benefits can also significantly affect the long-term amount and duration of your benefits, depending on your condition and work history.

Legal Issues: Arrest and Incarceration

Many people are unaware that legal issues such as arrest and incarceration can lead to the loss of disability benefits. Your benefits will be suspended if you are incarcerated for more than 30 days. After release, you may need to reapply or undergo another eligibility review to restore your benefits. It is essential to remain aware of how legal matters might affect your disability payments and take steps to protect your benefits in such situations.

Safeguard Your Benefits with Help from a Los Angeles Disability Benefits Lawyer

Navigating the complexities of disability benefits can be overwhelming, especially when understanding the rules and limitations that could affect your eligibility. If you face one of these risks or are unsure about your current situation, consulting a disability benefits lawyer in Los Angeles is crucial. An experienced attorney can help you understand your rights, prepare for reviews, and provide guidance on preventing the loss of your benefits.

Koszdin, Fields & Sherry has a long-standing reputation for helping individuals in Los Angeles protect their disability benefits. With their knowledge and expertise, you can have peace of mind knowing your case is in capable hands.

Conclusion

Losing disability benefits can have devastating consequences, but understanding the key risks and how to mitigate them is the first step toward safeguarding your financial security. Whether preparing for a Continuing Disability Review, monitoring your income, or seeking help after incarceration, being proactive will help protect your benefits. If you need assistance or are facing issues with your benefits, contact the experienced team at Koszdin, Fields & Sherry for a consultation.

For more information or legal assistance, call 323-375-5642 to speak with a disability benefits lawyer in Los Angeles today.

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