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What Can Cause You To Lose Your Social Security Disability Benefits?

Social Security disability benefits are intended to financially support people who are too disabled to work for a living. These benefits are a necessity for people who live with chronic pain or illnesses that prevent them from participating in the workforce. There may be cases where people unexpectedly lose the benefits they need to keep a roof over their heads, even if they feel they’re incapable of returning to work.

The seasoned team of New York City personal injury attorneys at Schwartzapfel Lawyers has successfully represented countless people who were injured and left disabled. Call us now at 516-342-2200 for a free consultation, or visit us online to schedule your case evaluation today. Alternatively, please continue reading.

What Is Social Security Disability?

Social Security Disability Insurance (SSDI) is a social safety net program designed to support workers who become disabled and likely won’t be able to earn an income at work for at least one (1) year.

To this end, many Americans are eligible to collect SSDI if a medical evaluation determines that their illness, injury, or disability is too severe for them to remain financially self-sufficient.

What Are The Requirements For Collecting Social Security Disability?

The two main requirements for collecting SSDI are that you worked a job covered by Social Security and that you have a substantial disability that will likely prevent you from working for one (1) year or more. Put together, it can be said that Social Security credits are earned by working.

The amount of necessary credits changes every year and is adjusted for the age of a recipient. For example, someone who becomes suddenly disabled at the age of (25) may not have as much work history as someone who becomes disabled at the age of (58), and the system is built to make balanced adjustments.

Social Security requires you to be evaluated by a doctor to assess your medical condition. If a doctor believes that you wouldn’t be able to perform substantial work for a year or more, even by making modifications to your job, you may be eligible to collect SSDI. To illustrate, if you were employed as a construction worker full-time, and as a result of your disability, you can no longer do your job from home in a seated position, then you would likely qualify for disability benefits.

What Is The Difference Between Social Security Disability Income And Temporary Disability?

While SSDI can serve as a temporary form of disability, in most cases, it’s intended to provide long-term support beyond one (1) year. As evidence, some people collect SSDI benefits for the rest of their lives if they remain eligible.

That said, recipients generally use temporary or short-term disability for no more than one (1) year. Short-term disability is typically granted to people who are expected to make a full recovery after surgery or medical treatment can thoroughly address the cause of their temporary disability. SSDI is meant for people with a poor long-term prognosis, which means that there’s a chance that they will never fully recover from their injury or illness.

Can You Collect Social Security Disability Income And Workers’ Compensation Simultaneously?

You can collect workers’ compensation and disability at the same time if you were injured at work or in the performance of job-related duties. It can take Social Security disability as long as six (6) months to make a determination and award benefits if they find you eligible. Note: You may not have an income for that period of time if you aren’t collecting workers’ compensation.

Workers’ compensation is a completely independent insurance program that your employer is required to contribute to, and it’s used specifically for cases where employees become injured or ill as a result of something that happened in the workplace. Note: There is no law that prevents you from collecting both simultaneously, although you may receive a reduced amount of Social Security disability benefits if you are collecting workers’ compensation simultaneously.

As well, there may be cases where one’s workers’ compensation lasts longer than their Social Security disability benefits, or vice versa. However, one’s eligibility for one benefit may not impact their eligibility for the other benefit.

If you were injured in the workplace and you need assistance filing a workers’ compensation claim, the qualified New York City personal injury attorneys at Schwartzapfel Lawyers are standing by to help. Call 516-342-2200 or visit us online to set up your free consultation now.

What Can Cause You To Lose Your Social Security Disability Benefits?

You can technically receive Social Security disability benefits for the rest of your life as long as you remain eligible. Your disability benefits probably won’t be awarded to your family members after you pass on as some employer-sponsored pensions do.

People who lose their social security benefits usually do so for one of three reasons. The first is a transition to another type of social security benefits, and the other two reasons are related to recovery.

Converting To Social Security For Retirement

Most American adults who have worked for a significant portion of their lives are eligible to collect social security benefits when they reach retirement age. When a Social Security disability recipient reaches retirement age, they will likely “age out” of disability benefits and be transferred to the program designed for retirees. Note: It’s exceptionally rare to be eligible to collect Social Security disability and Social Security income at the same time.

People who collect Supplemental Security income typically receive substantially less than people who collect Social Security Disability Income, but the process is different for people who transition between programs. Most people who age out of Social Security disability income will receive the same amount of monthly benefits when they transition to Supplemental Security Income.

Medical Recovery

Social Security disability benefits are only awarded to people who are not expected to make a substantial medical recovery, but there are instances where individuals may receive Social Security disability benefits despite an expectation of medical recovery.

Social Security requires medical evaluations according to a schedule that depends on your level of disability. If their initial determination is that they don’t expect you to ever substantially recover, you only need an evaluation once every seven (7) years. If your recovery is deemed possible, you’ll have an evaluation once every three (3) years.

Then, too, if the Social Security Administration expects you to make a substantial recovery, your evaluation can happen anywhere from six (6) to (18) months after your determination.

In essence, your benefits should continue if your medical determination is that you’re still disabled. However, if the Social Security Administration reviews your medical evaluation and determines that they no longer consider you to be disabled, your benefits could stop.

And so, you may have options if you feel as though Social Security has made an incorrect determination. If this is the case for you or a loved one, please contact the experienced New York City personal injury attorneys of Schwartzapfel Lawyers at 516-342-2200 now. No matter your situation, it will be our honor and privilege to fight for you.

Work Recovery

Social Security Disability allows recipients to use something called a Trial Work Period, or TWP. A TWP typically lasts nine (9) months, during which time you’ll be allowed to collect the full amount of your disability benefits. Note: You’re required to report your work activity to the Social Security Administration during this trial period.

Every year, the administration sets a specific monthly dollar amount for what they consider to be “substantial earnings.” If you’re able to make the minimum amount of substantial earnings every month, your benefits should stop. Significantly, you have a (36)-month window where your benefits can be reinstated if your monthly earnings fall below the substantial level. If your earnings stay at or above the substantial level for (36) months, your benefits should stop.

Do You Need Legal Assistance?

If you were injured at work or in the performance of job-related duties, you may be entitled to Social Security disability insurance benefits. Moreover, your employer may be liable for the injury that led to your disability.

That said, New York personal injury compensation claims have a statute of limitations, which means you have a limited time to take action and pursue all the money and benefits you deserve. To get started today, call the experienced personal injury attorneys of Schwartzapfel Lawyers now. 

Don’t delay! Simply dial 516-342-2200 to speak with a qualified, experienced attorney who is ready to fight — and win! — for you. Alternatively, visit us online to schedule your free consultation today.

One phone call may save you miles of headache, heartache, and financial strain down the road, so, please, don’t risk something as important as your future to chance. Instead, protect your tomorrows starting today with Schwartzapfel Lawyers at your side.

DISCLAIMER: Nothing on this page should be considered legal advice. You should seek the appropriate counsel your situation requires. For more information, call 516-342-2200 now!


Schwartzapfel Lawyers, P.C. | Fighting For You

Disability | SSA

Workers’ Compensation | U.S. Department of Labor

Your Continuing Eligibility | Disability Benefits | SSA

Trial Work Period | SSA

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