WHAT CAN STOP YOUR SOCIAL SECURITY DISABILITY BENEFITS?

Social Security may stop your disability check under certain conditions.  Here are likely things that will stop your benefits:

1.  You go back to work.  Social Security taxes (called FICA) are withheld from every paycheck you get.  These withholdings are reported to the US Social Security Administration every 3 months by your employer.  A computer in Baltimore, Maryland keeps track of this.  If you begin to work at what is called substantial gainful activity (SGA), the computer will catch it and you will be reviewed.  Chances are, your disability benefits will be suspended pending an investigation and probably terminated.  So, what is "substantial gainful activity"?  It is the amount of work and earnings that the government considers substantial and gainful.  Beginning in 2019, if you work and earn at least $1,220 per month before tax, you are engaged in SGA, which can terminate benefits.

2.  You have significant medical improvement and are no longer disabled.  Every 2 or 3 years, Social Security will conduct routine Continuing Disability Reviews (CDRs) to determine whether claimants have improved enough to go back to work.  If they find that you have made this type of improvement, they will terminate your disability check.  You will receive a written notice when the CDR begins and another one when a decision has been reached.  If you are notified that your check is going to terminated, you have a right to appeal under one of the following timelines:

A.   Within 60 days if you do not wish to continue receiving a check during your appeal process, which may take up to 1 year to complete.

B.   Within 10 days if you do wish to continue receiving a disability check during your appeal process.  Caution:  If you eventually lose the appeal, Social Security will demand that these benefits be repaid.  I refer here to the benefits you received after you were notified that benefits were being terminated.

If you are selected for a Continuing Disability Review (CDR), you should be sure that your doctor submits all your recent medical records to the unit of Social Security which is conducting your review.  A letter from your doctor stating that you are still under his/her care, are compliant with treatment, and have not made significant medical improvement can be most helpful to you.

You have the right to representation during Continuing Disability Reviews (CDRs); however, you will probably have to pay out of your pocket for it, since Social Security cannot withhold any money for attorney's fees.

The Forsythe Firm does not currently represent persons in CDRs.