For many people with disabilities, gaining access to disability benefits and support services can be life-changing. Having a steady source of income and access to accommodations allows disabled individuals to live more independently and participate more fully in society. However, the question of whether disability status can ever be lost or taken away is a complex one without a simple answer. There are a few key factors that determine if and when disability benefits can be terminated.
What are the eligibility criteria for disability benefits?
To qualify for disability benefits through programs like Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI), you must meet strict medical criteria. For SSDI, you must be unable to work due to a medical condition that is expected to last at least one year or result in death. For SSI, you must have a condition severe enough to prevent any gainful employment.
In both programs, disabilities are evaluated based on objective medical evidence, functional capacity assessments, and the ability to work. Conditions must meet the Social Security Administration’s (SSA) definition of disability.
You may also need to meet technical eligibility requirements related to work credits for SSDI or income and asset limits for SSI. These non-medical criteria must continue to be met to maintain benefits.
When can disability benefits be terminated?
There are a few circumstances in which the SSA may stop disability payments and terminate benefits:
Medical improvement
If the disabling medical condition significantly improves with treatment to the point that the individual would be able to work, benefits can end. SSA periodically conducts medical reevaluations, known as continuing disability reviews (CDRs), to determine if health has improved.
Failure to cooperate
Recipients must comply with CDRs and other requests for health information. If they fail to respond or cooperate fully, the SSA may terminate benefits for noncompliance.
Earnings above limits
For SSDI, Substantial Gainful Activity (SGA) thresholds determine the allowed amount of work and earnings. For SSI, total earned and unearned income cannot surpass program limits. Exceeding these earnings limits can make someone ineligible to continue receiving disability payments.
Imprisonment
Incarcerated individuals typically cannot collect disability benefits. Payments may stop after 30 days of confinement in jail or prison. Some exceptions exist, such as participation in work release programs.
Death
Benefits immediately cease upon the death of the disabled individual. The SSA must be notified promptly of any beneficiary deaths.
Can decisions to terminate benefits be appealed?
Yes, individuals have the right to appeal if they believe benefits were wrongfully terminated. There are four levels of appeal:
Reconsideration
A new reviewer reassesses the case and determines if the decision was appropriate given the facts and evidence. Additional evidence can be submitted.
Hearing before an administrative law judge
At this in-person hearing, witnesses can testify and new evidence can be presented. The judge issues a new legally-binding decision.
Review by the Appeals Council
The Appeals Council looks for errors in the judge’s ruling and may decide to change the decision or determine if a new hearing is warranted.
Federal court
If still unsatisfied, claimants can file a lawsuit in federal district court. Very few cases reach this level of appeal.
Can you reapply after losing disability benefits?
If benefits are terminated, you can reapply by starting a disability claim again. The application process is the same as the initial claim.
To have the best chance of approval, it’s crucial to demonstrate that your disabling condition has again worsened to meet Social Security’s strict definition of disability. Updated medical records and doctor statements supporting your limitations are key.
Being awarded benefits after a termination happens occasionally but can be challenging. Having experienced representation guiding you through the process can be very helpful.
When might disabilities be considered permanent under Social Security rules?
For some severe medical disorders, Social Security considers the disability to be permanent and will not conduct periodic CDRs to reevaluate health status. Conditions presumed to be permanent include:
- Total blindness
- Irreversible brain damage or intellectual disability
- End-stage renal disease requiring dialysis
- Fatal cancers
- Severely reduced mental capacity
- Loss of use of both hands, both feet, or one hand and one foot
However, permanent disability can be overturned if the individual engages in Substantial Gainful Activity (SGA) demonstrating work capacity. The SSA reserves the right to reevaluate any case.
When might reviews be possible even for permanent disabilities?
Even for permanent disabilities, a CDR can occur:
- If earnings from work activity suggest improved functioning
- Upon reports that the condition has improved
- To verify that a qualifying health condition remains in existence
So while a permanent disability designation typically means you can expect benefits to continue unchanged, it does not fully guarantee benefits can never be altered or terminated.
Conclusion
Losing disability benefits is always a possibility if the disabling condition improves, income limits are exceeded, or eligibility factors change. While permanent disability designations limit reevaluations, Social Security can review any case. The best protection is maintaining thorough medical records and carefully following reporting requirements. For those terminated, submitting an appeal and reapplying can potentially have benefits reinstated. Consulting with an expert Social Security attorney can help navigate this complicated process.