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Termination of Social Security Disability Explanation by SSD Benefits Attorneys

Social security disability termination is rare. Once a disabled person receives approval for Social Security Disability or Supplemental Security Income, the benefits are usually considered to be lifelong and permanent.

Our social security disability lawyers understand how difficult it can be to have your SSD benefits cut off when you depend on them for your very livelihood. Here are reasons why disability benefits may be terminated:

  • If you engage in "Substantial Gainful Activity" (SGA). The Social Security Administration uses this term to determine if any activity - including working or attending school full-time - is substantial enough to make a person ineligible for benefits. Examples of activities that may disqualify you for benefits are:
    • You go back to work full-time.
    • You go back to work part-time and earn over approximately $830 gross per month. (as of January 2005)
    • You attend college or business/trade school full-time.
  • If the Social Security Administration reviews your case and feels your condition has improved, they may terminate your benefits. Periodically, the Social Security Administration will review cases. When your case is reviewed, they check to make sure you still have disabling impairments, are still in treatment, and are compliant with treatment and medication.
    • If medical improvement is "expected", your case will normally be reviewed within 6 to 18 months.
    • If medical improvement is "possible", your case will normally be reviewed no sooner than 3 years.
    • If medical improvement is "not expected", your case will normally be reviewed no sooner than 7 years.
  • If you become incarcerated or institutionalized against your will for over 30 days, you are ineligible for benefits during this time period.

Reinstatement of Terminated Benefits

If your benefits have been terminated, and you would like to have them reinstated, you have the right to file an appeal within 60 days.

If you want to continue to receive your checks while the appeal is pending, you must file an appeal requesting this continuation within 10 days of having your benefits terminated. Please note: If you are unsuccessful with your appeal, and you continued to receive checks while the case was pending, you will be required to pay back the money you received while the case was pending.

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