When a person is unable to engage in substantial gainful activity (SGA) due to a long-term illness, injury, or disability, that person might be eligible to make a claim for social security disability (SSD) benefits. However, under certain circumstances, those benefits can be terminated by the Social Security Administration (SSA).
If you have suffered an injury or illness that prevents you from working at any job and in any capacity, it is essential that you have a knowledgeable California SSD attorney on your side throughout the entire claims-filing process and during any appeals. Your lawyer will be able to take the necessary steps to help you pursue the SSD benefits that you deserve. Moreover, if your benefits are cut off or denied, your attorney could assist you throughout the appeals process and work to reinstate the benefits to which you are entitled to receive.
In order for a worker to be eligible to pursue and recover SSD benefits, the worker must not be able to engage in any substantial gainful activity, as indicated in a medical report. Specifically, this means that the worker is unable to work at any job, and in any capacity, due to a long-term injury, disability, or illness. In order to prove that a worker is truly disabled, a healthcare provider must be willing to state in writing, and to a reasonable degree of medical probability, that a long-term injury or illness prevents the person from being able to work.
Many disability claims are denied, at least initially, because the necessary medical documentation is not included as part of the claim. Therefore, it is essential that you have a healthcare provider on board in your case who is willing to help you meet your legal burden.
One of the most common reasons why SSD benefits are terminated is because the injured or ill person goes back to work. When that happens, and the worker is able to return to a substantial gainful activity, SSD benefits could be legally cut off. In the eyes of the SSA, the formerly injured/ill worker no longer requires SSD benefits under these circumstances.
In addition, if the injured or ill worker reaches full retirement age, which is currently 66 years old, SSD benefits can be terminated. Likewise, if a worker is convicted of a crime that results in a period of incarceration, SSD benefits can be cut off for the time period during which the person is incarcerated. Finally, if the Social Security Administration determines that a person’s debilitating injury, illness, or psychiatric condition has improved, benefits can be terminated under certain circumstances.
In some instances, termination of SSD benefits can be appealed. A knowledgeable California SSD attorney will be able to review the facts and circumstances of your case and determine if you might be eligible to file a claim for reinstatement of your benefits. If so, your attorney could assist you throughout that process.