Baltimore Social Security Disability Lawyers: Why People Lose Benefits
February 15, 2017When an individual has a disability that prevents him or her from being able to work, Social Security disability benefits can offer peace of mind by providing much needed income during that difficult period of time. The amount received will depend on the recipient’s age and whether or not he or she paid enough Social Security taxes over the years. A person may not be eligible for benefits if they do not meet these criteria.
Supplemental Security Income (SSI) is another benefit that provides cash payment to older individuals or those with disabilities who are unable to work. However, unlike Social Security disability, eligibility is based on financial need and is not affected by the individual’s employment history.
How Individuals Can Lose Their SSDI Benefits in Maryland
It is possible that a person can lose their Social Security Disability Insurance (SSDI) benefits or Supplemental Security Income for any of the following reasons:
- Medical Improvement: If the person’s physical condition improves, and he or she is no longer disabled, the Social Security Administration (SSA) may terminate benefits. The SSA will review recipients’ cases every three to seven years to determine whether there have been any improvements to the recipient’s condition. If an improvement is expected, the SSA will review the case every six to 18 months. If an improvement is possible, the case will be reviewed every three years. If an improvement is unlikely, the SSA will review the case every seven years or more.
- Return to Work: If a claimant is able to return to work, earning more than the substantial gainful activity level specified by the Social Security Administration, his or her benefits may be terminated. It is possible for a claimant to continue receiving benefits for a period of time while working if they are testing their ability to work.
- Reaching Retirement Age: Once the claimant reaches retirement age, Social Security Disability benefits are replaced by Social Security retirement benefits.
- Incarceration: If a claimant goes to prison, or is otherwise institutionalized, they will no longer receive benefits, as they are meant to provide the person with the means to cover living expenses, which are no longer needed if the claimant is incarcerated.
- Exceeding Income: A claimant can lose Social Security disability benefits if he or she exceeds an income limit. In 2016, this amount was $733 per month. In addition, SSA will also discontinue benefits if the claimant’s assets exceed $2,000. There are a number of complex factors that are considered when calculating assets.
- Dependent and Children Benefits: Under certain circumstances, the SSA may also discontinue benefits if a claimant receives benefits based on another person’s earnings record. For example, getting married, reaching a certain age, or new living arrangements are possible reasons that a person may lose benefits. SSI benefits are usually terminated when the child turns 18 if the SSA determines that the child no longer qualifies.
Maryland Social Security Disability Lawyers at LeViness, Tolzman & Hamilton Help Clients Maintain Benefits
If you are currently receiving Social Security Disability Insurance benefits or Supplemental Security Income and you have questions or concerns about losing your benefits, the dedicated Maryland Social Security disability lawyers at LeViness, Tolzman & Hamilton can help. We understand the complex rules and regulations that have been put into place by the Social Security Administration. We will ensure that you continue to receive the benefits to which you are entitled. To schedule a free consultation, call us today at 800-547-4LAW (4529) or contact us online.
Our offices are located in Baltimore, Columbia, Glen Burnie, and Towson, allowing us to assist clients throughout Maryland, including those in Anne Arundel County, Carroll County, Harford County, Howard County, Montgomery County, Maryland’s Western Counties, Southern Maryland, and the Eastern Shore, as well as the communities of Catonsville, Essex, Halethorpe, Middle River, Rosedale, Gwynn Oak, Brooklandville, Dundalk, Pikesville, Parkville, Nottingham, Windsor Mill, Lutherville, Timonium, Sparrows Point, Ridgewood, and Elkridge.