What Would Cause me to Lose my SSD Benefits?
Social Security Disability (SSD) benefits are a critical lifeline for many Alabama residents, providing financial support when physical or mental impairments prevent them from working. The Social Security Administration (SSA) administers the Social Security Disability Insurance (SSDI) program, determining eligibility based on work history and medical condition, and managing ongoing benefits.
Common Reasons for Losing SSD Benefits
Here are some of the most common reasons why individuals in Alabama might lose their disability payments:
Medical Improvement
The SSA conducts periodic Continuing Disability Reviews (CDRs) to assess whether your medical condition has improved. If substantial medical improvement is found, your benefits may be terminated. This doesn’t mean minor improvements will automatically disqualify you, but rather that the SSA is looking for significant changes that would enable you to return to work.
Engaging in Substantial Gainful Activity (SGA)
In 2024, the SGA threshold is $1,550 per month for non-blind individuals and $2,590 for blind individuals. Consistently earning above these amounts may lead to benefit cessation. It’s important to understand that SGA isn’t just about income – it also considers the nature and extent of your work activities.
Failure to Follow Prescribed Treatment
If you refuse to follow treatment prescribed by your doctor without good cause, the SSA may determine that you’re no longer eligible for benefits. “Good cause” can include reasons such as religious beliefs, inability to afford treatment, or when the prescribed treatment is extremely risky or goes against your doctor’s advice.
Incarceration
SSD benefits are generally suspended for any month during which you’re incarcerated for a crime. This applies to periods of incarceration lasting more than 30 continuous days. Benefits can be reinstated the month following release, but you must notify the SSA.
Fraud or Misrepresentation
Providing false information or failing to report changes in your condition or work activity can result in benefit termination and potential legal consequences. The SSA takes fraud very seriously, and consequences can include fines, imprisonment, and being barred from receiving future benefits.
Navigating the Continuing Disability Review (CDR) Process
The CDR is a critical process in maintaining your SSD benefits. Here’s what you need to know:
- Frequency: CDRs typically occur every 3 to 7 years, depending on the likelihood of medical improvement. Some conditions expected to improve may be reviewed more frequently.
- Documentation: Be prepared to provide updated medical records and information about your current condition. This includes recent test results, doctor’s notes, and any new treatments you’ve undergone.
- Cooperation: Respond promptly to all SSA requests and attend any required medical examinations. Failure to cooperate can result in benefit termination.
- Appeal rights: If your benefits are terminated after a CDR, you have the right to appeal the decision. There are multiple levels of appeal, including reconsideration, a hearing by an administrative law judge, a review by the Appeals Council, and a Federal Court review.
Tips for a successful CDR:
- Keep detailed records of all medical treatments and appointments.
- Maintain open communication with your healthcare providers.
- Be honest about your symptoms and limitations.
- Consider seeking legal assistance if you’re unsure about the process.
It’s worth noting that in Alabama, as in other states, the initial CDR is often conducted by the Disability Determination Service (DDS), a state agency working on behalf of the SSA. Understanding this process can help you navigate it more effectively.
Work Incentives and Returning to Work
The SSA offers several work incentive programs designed to help beneficiaries transition back to employment without immediately losing their benefits:
Trial Work Period (TWP)
- Allows you to test your ability to work for at least 9 months.
- You can earn any amount without affecting your benefits during this period.
Extended Period of Eligibility (EPE)
- 36-month period following the TWP.
- Benefits continue if your earnings fall below SGA levels.
- Provides a safety net as you transition back to work.
Expedited Reinstatement
- Allows for quick reinstatement of benefits within 5 years of termination due to work activity.
- Provides provisional benefits while the SSA reviews your reinstatement request.
Ticket to Work Program
- Provides vocational rehabilitation and employment support services.
- Participation may exempt you from medical CDRs.
- Offers access to services like career counseling, job placement, and ongoing support.
These programs are designed to encourage SSD beneficiaries to attempt returning to work without fear of immediately losing their benefits. In Alabama, local organizations like the Alabama Department of Rehabilitation Services can provide additional support and resources for those looking to re-enter the workforce.
Reporting Requirements and Best Practices
Staying compliant with SSA reporting requirements is essential for maintaining your benefits:
What to report
- Changes in medical condition or treatment
- Work activity, including self-employment
- Changes in income or resources
- Address changes
- Marriage or divorce
- Incarceration or violation of parole/probation
Best practices for reporting:
- Report changes promptly, ideally within 10 days of occurrence.
- Keep copies of all correspondence with the SSA.
- Use the SSA’s online reporting tools when possible.
- Follow up if you don’t receive acknowledgment of your report.
In Alabama, you can report changes to your local SSA office. There are numerous offices throughout the state, including in major cities like Birmingham, Montgomery, Mobile, and Huntsville. You can find your nearest office using the SSA’s office locator tool.
Understanding Overpayments
Overpayments occur when you receive more benefits than you’re entitled to. This can happen due to changes in your situation that weren’t reported or processed promptly. If you receive an overpayment notice:
- Read it carefully to understand the reason for the overpayment.
- If you disagree, you have the right to appeal.
- You can request a waiver if you believe the overpayment wasn’t your fault and you can’t afford to repay it.
- If you need to repay, you can negotiate a repayment plan with the SSA.
Frequently Asked Questions
Q: Can I travel outside the US and still receive SSD benefits in Alabama?
A: Generally, yes, but extended stays (30 days or more) may affect your eligibility. Always inform the SSA of your travel plans.
Q: How does marriage affect SSD benefits in Alabama?
A: Marriage itself doesn’t affect SSDI benefits, but it may impact SSI benefits if you’re receiving those as well.
Q: What happens to my SSD benefits when I reach retirement age?
A: Your SSD benefits will automatically convert to retirement benefits.
Q: Can I receive both SSD and unemployment benefits in Alabama?
A: While it’s not technically prohibited, receiving both can be problematic as it may contradict your disability claim. Consult with a legal professional before pursuing this option.
Q: How does workers’ compensation affect my SSD benefits in Alabama?
A: Workers’ compensation benefits may reduce your SSD benefits, but the total combined amount of benefits cannot exceed 80% of your average current earnings.
Get the SSD Benefits You Deserve: Contact Dansby Law Firm Today
If you’re facing challenges with your SSD benefits or need guidance on maintaining your eligibility, the experienced team at Dansby Law Firm is here to help. Our deep understanding of Alabama’s disability laws and SSA procedures allows us to provide personalized advice and strong advocacy for our clients. Contact us today for a free consultation and case assessment.
