5 Events That Could Cause Your SSD Benefits to Change
Many Social Security Disability beneficiaries mistakenly believe that they will receive SSD payments indefinitely. However, that is not true because certain events can trigger a change in your SSD benefits. In fact, your SSD payments may even be terminated.
It is vital to speak with a Tampa social security disability attorney if your SSD benefits have suddenly decreased, changed, or were terminated. It may still be possible to appeal the Social Security Administration’s decision.
When Can the SSA Change or Terminate Your SSD Benefits?
When any of the following five events occur, the SSA could re-evaluate your eligibility to receive SSD benefits or decrease your monthly payment amount:
- You reach your full retirement age. When a beneficiary reaches the full retirement age, the SSA automatically converts their SSD benefits to Social Security Retirement benefits.
- A disabled child reaches the age of majority. If you are receiving benefits for children with disabilities, those benefits will be automatically re-evaluated once the disabled child reaches the age of 18. If the SSA determines that the young adult cannot be found “disabled” under the adult disability standard, the benefits will be terminated.
- The disability benefit beneficiary dies. The SSA will automatically discontinue the SSD benefits when the disability benefit beneficiary dies. However, the spouse, children, or other dependents of the beneficiary may be entitled to Social Security survivors benefits.
- Your living situation has changed significantly. When the SSD beneficiary enters an assisted living facility, nursing home, or hospital, or their living situation otherwise changes significantly, the SSA may change their benefits. However, a beneficiary’s benefits may not change if they spend 90 days or less in the institution.
- You have been incarcerated. The SSA may stop your SSD payments if you go to jail. In fact, your SSD benefits may be discontinued for being convicted of a felony even if the punishment does not include incarceration. If you spend more than a year in jail, you will have to re-apply to get SSD benefits after your release.
If any of these events have occurred and the SSA has changed or terminated your SSD benefits, do not hesitate to speak with our Tampa social security disability lawyers at Kobal Law to help you appeal the SSA’s decision.
How to Appeal the SSA’s Decision to Stop or Decrease My SSD Benefits?
You have a right to appeal the Social Security Administration’s decision to terminate, decrease, or otherwise change your SSD benefits if you do not agree with it. After receiving your request, the agency will re-evaluate your eligibility for disability benefits.
You only have 60 days to request an appeal. The clock starts running from the date of receipt of the SSA’s letter notifying you that your SSD benefits have been terminated or decreased. According to the SSA’s website, there are four basic appeal steps:
- Requesting a reconsideration
- Requesting a hearing before an administrative judge
- Requesting a review by the Appeals Council
- Filing a civil action in a Federal district court.
Speak with an experienced SSD attorney to help you request an appeal. Your attorney will help you prepare a strong case to improve your chance of successfully appealing the SSA’s decision. Schedule a consultation with our Tampa social security disability attorney at Kobal Law to discuss your specific situation. Call 813-873-2440 for a case review.
