The process to qualify for SSI and SSDI probably seems easy at first. Unfortunately, many people find the paperwork overwhelming and the rules to maintain benefits difficult to follow, especially when living with a disability. You might have unanswered questions about Social Security Administration (SSA) benefits and how you can qualify. Many also wonder, “What can cause you to lose your Social Security Disability benefits?”
A proficient California attorney can help you qualify for and then maintain your hard-earned Social Security Disability benefits. If you are considering applying, have been denied, or have found your benefits have suddenly stopped, an attorney can assist with your case.
Differentiating Between SSI and SSDI
Understanding the differences between SSI and SSDI (the disability programs available through the SSA) can provide a better understanding of the type of benefits you might be entitled to receive and the requirements to qualify for each program.
SSI is a program based on need, as it’s designed to give basic financial help to disabled people with both limited resources and limited income.
Alternatively, SSDI is a state-administered program. It’s provided to workers who have paid Social Security for years through work but then became disabled, and their ability to continue to work to earn a living has been affected.
If I’ve Qualified for Benefits, How Could They Be Taken Away?
If you have moved through the difficult process to qualify for benefits, you might wonder whether your benefits could ever be taken away. Unfortunately, they can.
Usually, people don’t have benefits taken away when they seek to improve their lives. However, the following situations could impact your benefits:
- Medical Improvement – If your condition medically improves to the point where you no longer meet the SSA’s definition of disability, your benefits might be stopped. Reviews typically are ongoing to decide whether you still qualify for benefits for your disability (usually every three years).
- Making Too Much Income – If you are incapable of making a living working, then you can seek SSDI or SSI benefits. However, if you earn over a certain limit for monthly wages, you may no longer be entitled to benefits
- Retirement or Turning 18 – People reaching retirement age likely have their disability income converted into retirement income. Children on disability typically have their claims reviewed before they turn 18. Disabled children likely have benefits continue, while a child who qualified for benefits under their parents’ condition might not continue to be eligible.
- Arrest and Imprisonment – If you are arrested for a crime in California, your benefits likely terminate after one month of incarceration (to resume upon release, with proof). If you are incarcerated, your benefits typically terminate after a month of imprisonment (to again resume upon your release). Certain crimes automatically cause your disability benefits to terminate for life.
A well-informed attorney can address any of the above scenarios and work to help you reinstate benefits.
Protect Your Disability Benefits by Working With a California Disability Lawyer
You can reduce the risk of having your Social Security benefits taken away by hiring a knowledgeable California disability lawyer. Your attorney can prepare you for an upcoming three-year benefits review, discuss whether your income qualifies, and address any major life changes that might impact your eligibility for disability benefits.
FAQs
Q: What Are Some Reasons I Could Lose My Social Security Disability Benefits?
A: There are several reasons why you could lose Social Security Disability Benefits, including:
- Medical improvement
- Reaching retirement age
- Death
- Marriage (with exceptions)
- Incarceration
- Change in your living situation (moving into an assisted living facility, nursing home, or hospital)
- Divorcing the parent of a stepchild
The Social Security Administration periodically reviews cases to make sure the disability is still active, and you must let the SSA know if any changes could affect your benefits.
Q: Do Californians Have a Hard Time Keeping Their SSDI Benefits?
A: In California, you might face difficulties when filing for benefits, and there are many reasons why your claim might be denied. You might have difficulty providing enough medical evidence to show ongoing disability, especially if you experience an invisible illness/disability, which could result in a denial of benefits.
Also, a history of denials or suddenly earning more income can discontinue benefits. Not following a doctor’s treatment plan or cooperating with the SSA can affect your ongoing benefits.
Q: How Can I Avoid Losing My Disability Benefits in California?
A: In California, to avoid losing your disability benefits, you can:
- Submit your benefits claim within 49 days.
- Have a licensed health professional finalize your certification.
- Return your Disability Claim Continued Eligibility Questionnaire (DE 2593).
- If you were denied, appeal within 60 days of receiving the denial letter.
- Look into In-Kind Support and Maintenance (ISM).
- Look into the California Achieving a Better Life Experience (ABLE) Program.
A knowledgeable attorney can further discuss your benefits and help you avoid losing them.
Q: How Much Does a California Disability Attorney Cost?
A: In California, most disability attorneys work on a contingency fee basis and don’t require any retention fees for their services. Their fees are contingent on the outcome of your case if you win. This provides legal representation to anyone seeking disability benefits, as there usually isn’t any upfront payment required.
There might be additional costs for your specific case (medical records, filing or witness fees). A local attorney can discuss any anticipated costs and answer any questions you might have.
Contact California Attorneys With Experience in Handling Disability Benefits
The disability attorneys at Gade & Parekh, LLP, can help you apply for disability benefits and make sure you don’t lose them once you qualify. It’s important to know how to qualify, what to expect throughout the application process, and how to resolve any issues with the application.
When you work with our experienced legal team, you can have knowledgeable and timely advice as we assist you with the disability application process. Please contact us right away to set up an initial consultation to discuss your individual disability situation, the potential mistakes to avoid, and the further measures you will likely need to take.
