SSDI, or Social Security Disability Insurance, refers to the benefits Social Security Administration (SSA) pays you in case of any disability that stops you from working. However, you are only eligible for benefits if you have paid enough social security taxes while working. If not, you will not be eligible for any SSDI regardless of your disability.
That said, did you know that sometimes your disability checks might stop all of a sudden? This is because SSA regularly runs continuing disability review (CDR) on your medical conditions and other circumstances to ensure that you still meet the criteria to receive SSDI.
Therefore, you should be well aware of these requirements and get all the information from the workers’ compensation law center in Oakland or your local area. If you are a resident of Oakland, California, and your disability checks have stopped, this post is for you.
Reasons Why Your Disability Checks May Stop
Certain changes in your personal and financial circumstances may cause your disability checks to stop. If none of the reasons apply to you and you stop receiving your disability checks, it is best to seek help from a professional workers’ compensation lawyer Oakland immediately.
You Returning to Work
If you receive disability benefits and return to work, the SSA will determine if you are involved in a substantial gainful activity (SGA). This means you are working part-time or remotely, and earning a wage on top of your disability benefits.
However, if you are only working as a “trial work period (TWP),” an attempt to try if you can return to work or not, you will not lose disability benefits automatically. TWP allows you to work up to nine months before your SSDI benefits stop. If you continue to work after nine months, the SSA will revoke your disability status.
You can extend your TWP for up to three years via an “extended period of eligibility.” Speak to your workers’ compensation Attorney in Oakland, CA, for more information.
Reaching Age of Retirement
If you have reached the full retirement age of 66 years and 4 months, your disability checks will stop. Instead, you will start receiving social security retirement benefits. If SSA does not switch your benefits category, contact a reliable workers comp attorney Oakland, CA.
Incarceration or Institutionalization While on SSDI
If you are imprisoned or sent to any penal institution for a conviction, your disability checks will stop during your incarceration period. The SSA will suspend your benefits 30 days after incarceration and will be reinstated a month after release.
However, in case of a felony conviction, the SSA may cease your disability checks even without incarceration. Misdemeanors do not affect your benefits unless you have to spend 30 days or more in jail.
Increase in Asset Limits or Income
If you are on SSDI benefits and your assets or income increase above the SSA’s eligibility limits, your disability checks will stop. In 2022, the SSA’s income limit stands at $841 per month, whereas your asset limit is $2,000. If you are within these limits and your disability checks stop, Speak to the Oakland CA workers’ compensation attorney immediately.
Shelter or Free Food
If you start receiving free food or housing from someone, the SSA will consider this equivalent to an income and may reduce your SSI amount, or cease the checks altogether. A similar rule applies if you enter or leave a halfway house or nursing home.
Parental or Spousal Income
If you start receiving money from your parents for support or get married and have access to spousal income, the SSA will consider this a change in your financial situation. Similarly, if your spouse was also earning a low income while you were receiving benefits, but had an increase in income resulting in the SSA stopping your checks, this may affect the status of your SSI benefits.
If you have children under 18 receiving SSI, their checks could stop once they are 18.
Change in Your Medical Condition
If your disabling mental or physical condition improves and the SSA deems you no longer disabled, the disability checks will stop. If your medical condition has improved, but you are still disabled, hiring an Oakland CA workers compensation lawyer for help is a good idea.
Can You Appeal Against Disability Checks Termination?
Yes, you can – if the SSA has stopped your disability benefits, you can file an appeal against the decision at any time and request reconsideration. However, it is best to seek assistance from a professional Oakland CA workers’ compensation attorney. An attorney can help you prepare the documents and evidence to ensure your appeal is successful.
If you manage to submit your appeal within ten days of the date mentioned on the notice you received from SSA, you will continue getting benefits until a decision on your appeal comes out. SSA will provide you with a form asking for details on benefits and your Medicaid/Medicare continuation.
If your disability checks suddenly stop, the process to file an appeal is as follows:
You must fill out form SSA-789, known as ‘Request of Consideration – Disability Cessation.’ You can easily download this form or get one from your local SSA office.
You must file your appeal within 60 days of receiving your notice, unless you have a good reason for making a late appeal.
You can review why the SSA ceased your checks, and give them sufficient evidence to make your case.
Remember; time is of the essence here. Therefore, you must file an appeal as soon as possible. You can always contact the Social Security office to set up a time to consider your file on a call. The representative will ask you for personal details, including your Social Security Number. You must also have the contact info for all the doctors, counselors, or therapists who can provide information about your ongoing disability.
Workers Compensation Attorney in Oakland, CA
If you are a resident in Oakland, California, you can file an Appeal to Reinstate Disability Benefits with Latimer Law. Our expert attorneys have years of experience dealing with workers’ compensation cases in California.
Simply call us on 510-444-6555 and ask any questions you may have about your Social Security Disability Benefits. You can also book a free consultation and find out the value of your claim.