Can Social Security disability benefits be taken away?

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Question:

I am collecting social security disability benefits and they are my only source of income. My doctor says I am starting to improve in my condition somewhat, but I still don't feel up to working at all and I'm worried that I will lose my disability benefits and not be able to afford to live. Can social security disability benefits be taken away and how and when would that happpen?

Answer:

Social security disability benefits (SSDI) will not generally be taken away from qualified individuals unless there is a specific reason for stopping benefits. There are several possible situations that may lead to an interruption in or an end to SSDI benefits. For example:

  • Social security disability benefits will no longer be paid if you no longer meet the definition of disabled: Because SSDI provides benefits only to those whose disability causes certain levels of impairment and whose disability renders them unable to work, benefits may be stopped if it is determined that significant improvement occurred. In order to ensure that those receiving benefits continue to qualify, the SSA conducts periodic reviews called Continuing Disability Review (CDR). If the results of your CDR show that you are now in good enough health to work, your SSDI benefits may be stopped. In addition, if your condition improves dramatically in between reviews, you must inform the SSA about the improvement. 
  • Social security disability benefits will stop if you begin earning income above a certain dollar amount and/or if you earn income for a long period of time: SSDI benefits are supposed to be for those who cannot earn money due to their disability, so if you begin to earn income you may no longer be eligible for benefits. However, the SSA does want to encourage people to try working. As such, you may be able to work on a temporary basis and earn up to $1,000 a month for a limited period of time without adversely affecting your benefits. 

These are just two examples of situations where your SSDi benefits may be stopped. Other reasons may also exist depending on the specifics of your case. In order to ensure that you understand all of your rights under the SSDI system, you should strongly consider speaking with a lawyer for guidance. He or she can evaluate your situation and help you to determine whether there is a reason for your benefits to stop. If there is not, your lawyer can help to get them reinstated in the event they were improperly discontinued.

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This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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