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Can Your Disability Benefits Be Terminated?

February 28, 2022 Social Security Disability

One of the common anxieties for people receiving disability benefits is the fear of having their benefits terminated. While this is a reasonable concern, understanding how and when your benefits may be terminated can help alleviate these worries. Whether your condition is permanent or you are eager to get back to work, a Tampa disability attorney can help you protect the disability benefits you depend on.

Your Benefits May Be Terminated if You Do Not Demonstrate Continued Eligibility 

While it may seem obvious, it may be helpful to revisit the fact that you must be disabled and unable to work in order to qualify for disability benefits. Should your condition improve to the point that you are able to return to work and perform substantial gainful activity, your benefits may be terminated. In order to retain your benefits, you must then demonstrate continued eligibility. In other words, you must demonstrate that your disability continues to prohibit you from working at all or to any extent that you would exceed the monthly earnings standard set forth by the Social Security Administration. A Tampa disability attorney can guide you through the continued eligibility process so that your benefits are protected. 

The Continued Eligibility Timetable

The Social Security Administration requires that those people receiving benefits demonstrate their continued eligibility according to the following schedule: 

  • If your condition is expected to improve, every 6 to 18 months
  • If your condition is expected to improve but cannot be predicted, once every 3 years
  • If your condition is not expected to improve, once every 7 years

It is important to note that you are obligated to notify the SSA if your condition improves and would allow you to return to work, even if you are not scheduled for review. 

As you can see, your review period depends on the extent and severity of your disability. For this reason, it is important that your initial documentation submitted when you applied for benefits clearly set forth the extent of your disability and whether there is a reasonable expectation for improvement. Having to repeatedly demonstrate that you are still disabled more often than you should is not only an inconvenience but can be a humiliating experience for some. If you have questions about demonstrating your continued eligibility, a Tampa disability attorney can provide you with the guidance you need. 

What if You Are Considering Returning to Work?

Many people want to return to work but are afraid that they will lose benefits only to discover that they are still unable to work. Thankfully, the SSA provides a trial work period that allows you to return to work and keep your benefits, even if your earnings exceed the SGA threshold. However, you are only allowed to work for nine months within a five-year period. If you are wondering whether you should return to work, a Tampa disability attorney can help you better understand how this process works. 

Contact Tampa Disability Attorney Mike Murburg Today 

If you are worried about losing your benefits or they have already been terminated, help is just a phone call away. Call us today at 813-264-5363 or contact us online to schedule a free consultation.