If you’ve been getting Social Security Disability benefits, there’s a pretty good chance that they are your primary source of income at this point. That can put you in a tough spot if they end up suspended, to say the least. You need the income those benefits provide. So what can you do to get them reinstated?
Reasons Your Benefits May Have Been Suspended
Before you start figuring out how to get your benefits reinstated, it’s important to understand why they were suspended in the first place. That can give you valuable insight as to how to proceed and how to give yourself your best chance at success. The most common reason for benefits to be suspended is because the beneficiary returned to work and is employed in what is considered substantial gainful activity. You may also have your benefits suspended if you are no longer considered disabled by the Social Security Administration. Remember, the SSA may have a different idea than you do as to what it means to be disabled. Fair or not, it’s their definition that counts here. Other reasons include being incarcerated or institutionalized and reaching retirement age. Your benefits will also be suspended if you die, though your surviving children may be able to qualify for survivors benefits. If you’re found to have committed fraud in regards to your disability, that will also result in the suspension of your benefits.
Appealing the Suspension
As you may have guessed, some reasons for benefit suspension make much more sense to appeal than others. It doesn’t really make sense to appeal for the reinstatement of benefits when the beneficiary has passed away. On the other hand, if Social Security conducted a Continuing Disability Review and the claims examiner decides you are no longer disabled to the extent that you cannot work, but you feel differently, that makes a lot more sense to appeal. When that happens, you can request an appeal before a Hearing Officer to plead your case. If that doesn’t work, you can request a hearing with an Administrative Law Judge. All of that is subject to time limits though, so make sure you are on top of things and get your appeals filed on time. In the case of being institutionalized or incarcerated, the most likely outcome is that your benefits will be suspended while you’re being held and can be reinstated upon your release as long as it lasts for less than a year. When it comes to returning to work, that’s where things get a little trickier.
Getting Legal Help
It can be tough to navigate all the nuances of Social Security Disability Insurance, especially when it comes to arguing your disability and your ability to work. Having an experienced disability attorney on your side can go a long way towards helping you get the best results you can. They should know about things like the trial work period that allows you to test the waters and see if you’re able to work after all, or how much you can be earning or even what kind of work you can be involved in before you’re considered to be involved in substantial gainful activity. An experienced attorney should also be able to give you a heads up about things like how retirement impacts your SSDI benefits. If you want to get your benefits reinstated with minimal hassle, getting legal help may be one of the best things you can do for your case.
Preventing Future Suspension
Remember why it’s important to know why your benefits were suspended in the first place? Knowing that is one of the critical keys you’ll need in order to prevent suspension in the future. You don’t want to go through this ordeal again, so make sure you know how to avoid it. It’s important to note that there are differences between SSI and SSDI which can impact the suspension of benefits. Make sure that you’re clear on which benefits you’re receiving so you can get a clear understanding of what you should and should not do in order to maintain your benefits.
Getting your Social Security Disability benefits reinstated after they’ve been suspended is understandably a top priority for you. It helps if you understand why your benefits were suspended. That will come in handy when it comes to appealing the suspension and preventing it from happening in the future. As with many things related to Social Security, it can be tough to navigate things on your own. Getting qualified legal help can be highly beneficial. If your benefits have been suspended, take action sooner rather than later so you can get back to living your life the best way you can under your current circumstances.