Social Security Disability Insurance (SSDI) is typically available until age 65. At this point, you may not be able to receive this insurance but could qualify for retirement benefits. If you believe you are entitled to SSDI benefits but are not currently receiving them, partner with a Ponca City Social Security Disability lawyer to discuss your legal options.
The team at BDIW Law has plenty of experience with Social Security Disability Insurance claims. Our Oklahoma Social Security Disability attorney can review your case. Contact us today to get started.
When Social Security Disability Benefits Stop
Your benefits remain active for as long as you are dealing with a disability. To qualify for SSDI benefits, you must have worked a job covered by Social Security. Or, you must have a medical condition that meets the government’s definition of a disability.
In most instances, you may continue to receive Social Security Disability benefits until your retirement goes into effect. At this time, your benefits transfer to retirement ones. Moving forward, you will only receive retirement benefits.
There are times when disability benefits no longer are available before you turn 65. For example, if you start earning more income, you may stop getting benefits. Also, you may become ineligible for these benefits if you stop documenting your condition.
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How to Keep Your Social Security Disability Insurance Benefits
The Social Security Administration (SSA) uses your disability and work history as criteria to determine if you qualify for SSDI benefits. Your medical condition is expected to last at least one year. Agency officials will consider several questions as they evaluate your condition, such as:
- Does your medical condition meet the criteria to be considered “severe”?
- Does it meet or equal the severity of a listed impairment per SSA guidelines?
- Are you able to do the same work you did before you suffered your injury?
- Are you able to perform any alternative types of work?
In addition, SSA examines your work record, your age at the time of your injury, and other factors. If you are approved for benefits, you receive them until further notice. Yet, you must still need to comply with the agency’s requirements.
SSA performs Continuing Disability Reviews, so it is paramount to continue to go to the doctor and treat your injury. You must also notify the agency if you return to work. Even if you go back to work, you may still be able to receive some benefits depending on the results of an earnings test.
Social Security Disability Insurance Trial Work Month
In 2024, SSA has a trial work month standard in place for SSDI benefits. Based on this standard, you have up to nine months in which you can work and still get benefits — as long as you report what you earn and continue to deal with a disability. The standard indicates any such month is one in which you earn more than $1,110 (after business expenses) or complete more than 80 hours of work.
Following your trial work period, you have up to 36 months to work and still receive benefits for any month your earnings are not classified as “substantial,” according to SSA. Monthly earnings that exceed $1,550 (or $2,590 if you are blind) are considered to be substantial. You do not have to submit a new application or receive a new disability decision to get benefits during this period.
Regardless of a trial work month, SSA can stop providing benefits for SSDI if your medical condition improves, you go to jail or prison, or you return to work. In cases where you return to work, you may be eligible for retirement benefits once you turn 65. You cannot receive both Social Security Disability and retirement benefits at the same time.
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What to Do if SSA Stops Providing Benefits for SSDI
If your request for SSDI benefits gets denied, you have options. SSA rules allow you to request other officials to look at your application and determine if the initial decision to reject your benefits can be reversed. There are four stages of appeals:
There is a 60-day window for you to ask SSA to review your application. The assessment is completed by an examiner who was not involved in the original decision. This examiner looks at whether you meet the medical and agency eligibility requirements for Social Security Disability benefits.
2. Disability Hearing
If reconsideration does not work, you can ask an administrative law judge (ALJ) to review your claim as part of a hearing. A Social Security Disability lawyer in Oklahoma can help you prepare for your hearing. They can present evidence to dispute SSA’s claims about why your request for benefits should be denied.
3. SSA Appeals Council
You have up to 60 days from the date you find out that an ALJ upheld your benefits denial to file an appeal. The Appeals Council examines your claim. If the council finds that the ALJ made a mistake in its review, it may reverse the judge’s decision.
4. File a Lawsuit
You can submit a lawsuit with the help of a Social Security Disability attorney in Oklahoma. The lawsuit can be filed with a federal court. This allows a federal judge to review your request for benefits.
If you want to appeal an SSA rejection of your SSDI benefits, hire an attorney who has a proven track record with Social Security Disability cases. At BDIW Law, our lawyer can answer frequently asked questions and many others about disability benefits claims. For more information, get in touch with us.
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Protect Your Social Security Disability Benefits
For those who want SSDI benefits, complete the process carefully. Provide SSA with the requested information and be thorough. Do not leave any room for questions, as this can make it difficult to get approval.
If you get Social Security Disability benefits, do not take them for granted. Follow SSA guidelines and continue to provide updates regarding your disability. Otherwise, you could compromise your ability to keep getting benefits.
At BDIW Law, we take the guesswork out of disability benefits claims. Our team can help you request benefits, submit an appeal, and more. To request a free case consultation, contact us today.
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