Maintaining Eligibility for Social Security Disability Benefits
At Silver & Silver, our commitment to our clients extends beyond just securing their initial entitlement to disability benefits. Our Social Security Disability attorneys continue to offer guidance and answer any questions about maintaining eligibility for benefits.
If you are currently receiving Social Security Disability benefits, you might wonder about the following:
- How long will I receive disability benefits?
- Will my disability benefits continue indefinitely?
- What requirements must I meet to continue receiving disability benefits after an award?
- Are there additional forms to complete or medical evaluations to undergo?
These questions are crucial, especially when you rely on Social Security Disability benefits for your essential living and healthcare needs. It’s important to understand the conditions under which your eligibility might change. At Silver & Silver, we ensure that you have all the necessary information to maintain your benefits and address any concerns about your ongoing eligibility.
Duration of Social Security Disability Benefits
Once Social Security Disability (SSD) benefits are initiated, recipients often wonder about the duration of these benefits. Generally, SSD benefits continue indefinitely, provided that the recipient remains disabled. It is commonly understood that disabling conditions may worsen with age. Furthermore, as individuals age, it is likely that their work skills will become less relevant, and their capacity to undertake new employment that they are capable of performing will decrease. Age also makes acquiring new job skills more challenging.
However, the Social Security Administration (SSA) is responsible for periodically reviewing disability cases to verify whether recipients still qualify for benefits under SSA guidelines.
The SSA conducts two types of reviews:
- Work Continuing Disability Review: This review assesses whether you are working and evaluates your earnings to determine your continued eligibility for benefits.
- Medical Continuing Disability Review: This review checks whether your medical condition still meets the SSA’s criteria for a disability.
These reviews ensure that only those who continue to meet the criteria receive benefits.
Circumstances Affecting Eligibility for Disability Benefits
Returning to Work; Substantial Gainful Activity; Work Incentives.
Your eligibility for Social Security Disability (SSD) benefits can be affected by various circumstances. Primarily, if you return to work, engaging in what is termed “substantial gainful activity” (SGA), you may lose your benefits. The Social Security Administration (SSA) defines SGA as work that involves significant and productive physical or mental duties, and pays more than a set monthly income limit. This definition includes part-time work that may pay less and/or involve fewer responsibilities than your previous employment.
If you are found to be engaged in SGA, your eligibility for benefits will likely be terminated, regardless of whether your medical condition has improved.
Work Incentives
Encouraging Beneficiaries to Return to Work
“Work Incentives” are designed to help Social Security Disability beneficiaries return to work and assess their ability to engage in Substantial Gainful Activity (SGA). These incentives include:
- Continued Cash Benefits: Continue to receive cash benefits for a specified period while you work.
- Continued Medicare or Medicaid: Maintain your health insurance coverage as you transition back into the workforce.
- Support for Re-Entry into Work: Access assistance with education, training, and vocational rehabilitation to help you start a new career path.
At Silver & Silver, our team of disability attorneys is ready to guide you through the work incentive process, ensuring that you continue to receive the disability benefits you deserve.
Improvement in Medical Condition and Its Impact on Disability Benefits
Your eligibility for Social Security Disability benefits will cease if your medical condition improves significantly and you no longer meet SSA’s definition of disability. It is your responsibility to notify the Social Security Administration (SSA) of any improvements in your health. However, the SSA is also legally mandated to conduct periodic reviews of your case to assess ongoing eligibility.
The timing of these reviews varies based on the expected likelihood of medical improvement:
- Expected Improvement: If improvement in your condition is expected, your case will be reviewed within six to eighteen months of the initiation of benefits.
- Possible Improvement: If there is a possibility of improvement, reviews are scheduled no sooner than three years after benefits commencement.
Unlikely Improvement: If improvement is not expected, your case will be reviewed no sooner than seven years from the start of your benefit receipt.