Are you unable to work because of a disability? Get the answers you need on Social Security Disability to protect your rights

No, your disability payment amounts do not increase if your condition worsens. If you already receive Social Security Disability Insurance (SSDI) benefits, the payment amount stays the same.  This is true even if your disability has become much more severe. 

When the Social Security Administration (SSA) approves your application, it decides you qualify for benefits. It is black and white. There are no grades, levels, or tiers. Either the SSA approves your application or denies it. They deem you disabled or not disabled. The payment amount does not depend on the severity of your disability. You do not need to file for benefits again if your condition worsens. 

Approval and Denial of SSDI Benefits

To qualify for Social Security disability benefits, applicants must meet certain criteria, such as:

• They must be disabled. This usually involves conditions listed in the SSA’s Blue Book. The disability must stop the person from being able to work.
• The condition must be expected to last at least 12 months or end in death.
• The applicant must meet non-medical requirements. The technical criteria include accruing enough work credits through paying Social Security taxes. 
• The applicant mustn’t engage in substantial gainful activity (SGA). Earning too much income disqualifies applicants from receiving SSDI. 

A worsening condition does not mean you can receive more benefits. But, if your condition improves, you may lose eligibility. The SSA checks on your disability from time to time. If it decides you can work, you may no longer receive benefits. A Social Security disability attorney can help you appeal this decision. 

How Disability Benefits Are Determined

The SSA uses a complex formula to calculate the amount of your disability benefits. The SSA considers your average lifetime earnings covered by Social Security. SSA indexes this amount to inflation. Part of the formula looks at your highest-earning years. This calculates your average indexed monthly earnings (AIME).

Simply put, disability benefit amounts are equal to retirement benefits. They are calculated as if you were at full retirement age when your disability began. People who have earned higher incomes over the years qualify for higher payments. Lower-income earners receive smaller amounts. 

The severity of the impairment is not a factor. Having more than one condition can help you qualify. The SSA considers their combined impact on your ability to work. But, having multiple conditions does result in higher disability payments. Your application is approved or denied. That’s it. 

A Notable Change If You Become Blind

One important detail a Social Security disability lawyer can help explain is what happens if you become blind. Losing your vision does not qualify you for more benefits. But, it changes the amount for substantial gainful activity (SGA). This is how much income you can earn while keeping your SSDI benefits.

For non-blind SSDI recipients, the SGA amount in 2023 is $1,470 per month. For people who are blind, that amount increases to $2,460 per month. This means you can work and earn over $1,000 more per month and keep your disability payments. These figures change every year. But, the amount for blind persons is always higher. 

The SSA thresholds for blindness consist of one of the following:

• Visual acuity is 20/200 or worse in the better eye. This is with using corrective lenses.
• The visual field is 20 degrees or less in the better eye. 

The SSA requires documentation to prove this level of visual impairment. Consult with a Social Security disability attorney before you submit any paperwork. 

Impact of Cost of Living Increases on SSD Benefits

Increases in the cost of living can increase the amount of SSD benefits. But, this is not on an individual basis. If you live in a more expensive part of the country, you do not receive more money because of it. The SSA does not restrict how you spend your SSDI benefit payments. 

Instead, the SSA adjusts benefit amounts through cost-of-living adjustments (COLAs). This is based on the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W). The CPI-W tracks changes in the prices of goods and services typically purchased by urban workers. When the CPI-W increases, SSA adjusts SSDI payments to align with inflation. SSA usually announces COLAs each January.

Individual changes aren’t reflected in COLAs. If your medical bills increase because your condition worsens, your SSDI benefits don’t change. If you move out of state to somewhere with higher rent, your SSDI payment does not increase either.

How to Get the Benefits You Deserve

An experienced Social Security disability lawyer can help you understand your rights. Keefe Disability Law has worked with clients and their SSDI applications for many years. If you already receive benefits but are worried the SSA might take them away, our team of dedicated professionals can help defend your rights. Get the full benefits you deserve.

If you’ve already applied for Social Security disability and currently receive benefits, getting married will not affect your monthly payments. While this is generally true for your own disability benefits, there may be certain circumstances where marriage does have an impact. It is important to learn how saying “I do” may affect the payments you receive. 

Qualify for SSDI With Your Work Credits

Social Security Disability Insurance (SSDI) is a government program for disabled workers. Having earned enough work credits is one of the main criteria. You earn work credits through regular employment. Self-employment counts too. The dollar amount changes each year. For 2023, you earn one credit for $1,640 in wages, and you can earn up to four credits per year.

The number of work credits you need to qualify for SSDI can vary. Most people will need at least 40 credits to receive Social Security benefits. What’s important to note is that these are your own credits. As long as you qualify for SSDI based on your own work credits, marriage has no impact. Your new spouse’s income has no effect either. 

Consult with a Social Security disability attorney if you have any questions. They can help clarify any confusion you may have. 

How to Qualify for Disability Benefits

The Social Security Administration (SSA) outlines the requirements to receive SSDI. The main criteria are:

• You have worked jobs covered by Social Security.
• You have enough work credits.
• Your medical condition meets the SSA’s definition of disability.
• You are under 65 years old. 

The SSA requires proof of your disability. This is why you must work with your doctors to provide evidence such as lab tests, medical reports, and other relevant information. A simple diagnosis is not enough. The condition must be so severe that you are unable to work. Marital status is not a factor. 

Working with a skilled Social Security disability attorney can help you get approved for SSDI. Every case is different. A lawyer can help present the strongest case possible to the SSA.

Marriage May Affect Other Benefits

Generally, getting married will not affect SSDI eligibility. This assumes these are your benefits based on your own history. Benefits may be affected in other instances such as the following:

• Children may receive SSDI based on a parent’s work record. If that child gets married, they will no longer receive benefits. They also lose benefits if they turn 18 or until they turn 19 as a full-time student in high school. 
• Supplemental Security Income (SSI) is based partly on financial need. SSDI is not. With SSI, individuals can have no more than $2,000 in assets. For couples, that number is $3,000. If your new spouse moves you above this figure, you may no longer get SSI benefits. Eligibility is also affected by location and income. 

Remarrying as a Widow or Widower

Marriage can impact benefits for survivors and divorced spouses. When a spouse receiving SSDI dies, the surviving partner may be eligible to receive disability payments. If they are at least 60 years old at the time of their spouse’s death, they can keep getting SSDI until they pass away. But, if the surviving spouse remarries, they may no longer receive SSDI benefits. It is possible, though, to be re-entitled to benefits in certain circumstances. Ask your Social Security disability lawyer how this might apply to your case. 

Getting remarried after divorce follows similar rules. If you receive SSDI benefits based on your ex-spouse, those payments stop if you remarry someone else. 

Talk With Your Disability Lawyer

Dealing with the SSA can be confusing. There can be a lot of rules and paperwork. You need a good Social Security disability attorney. At Keefe Law, we are experts in SSDI. Share your documents with us, and we can look at your case and answer any questions you have.  

Major life changes are impactful. This includes moving to another state or retiring. It also includes getting married. As you prepare for the next chapter in your life, talk to your SSDI lawyer. We can discuss your continued eligibility and how you can keep receiving benefit payments.

If your spouse has applied for or is receiving Social Security Disability Insurance (SSDI) benefits, you can continue to work while your spouse receives SSDI benefits. Your income will not affect their benefits. However, it's important to understand SSDI eligibility and seek the advice of an experienced SSDI lawyer if you have any questions or concerns.

SSDI Eligibility Requirements

SSDI is a federal program that provides financial support to people who are unable to work due to a disability. To qualify for SSDI benefits, you must have worked long enough and recently enough to earn sufficient credits. You must also have a medical condition that meets the Social Security Administration's (SSA) definition of a disability, which is a condition that is expected to last at least 12 months or result in death, and prevents you from doing any substantial gainful activity (SGA). 

SGA is defined as earning more than a certain amount of money per month from working. In 2023, the substantial gainful activity amount for SSDI is $1,470 per month. This amount is updated annually. If you earn more than the SGA amount, the SSA will consider you to be engaged in substantial gainful activity and will likely find that you are not eligible for SSDI benefits.

In addition, you will typically need 40 work credits to be eligible for SSDI, but this number can vary based on age. Workers can earn up to four credits per year. The dollar amount changes year-to-year. In 2023, you need to earn $1,640 in income to earn one credit. Thus, $6,560 in 2023 equals four work credits. A lawyer can determine if you have earned enough work credits to qualify. 

Having more than one condition does not mean you get more benefits. But, the SSA does consider compounding factors. The combined impact of your disabilities may qualify you for SSDI. Past income does not impact eligibility. You will need to provide medical evidence regarding your condition and to prove that you have a qualifying disability that prevents you from working. You must meet all of the required criteria for SSDI to ensure your claim is not denied.

Household Income and SSDI Eligibility

It's important to note that household income is not one of the factors considered in SSDI eligibility. This means that your income as a spouse will not affect your spouse's eligibility for SSDI benefits. Your spouse's eligibility is based solely on their own work history and medical condition.

However, SSDI eligibility can be confusing, and there may be situations where your income could affect your spouse's benefits. For example, if you or your spouse are applying for Supplemental Security Income (SSI) benefits, the income of both you and your spouse will be taken into consideration. Since SSI is a needs-based program designed for disabled individuals with low income, your spouse's income is crucial in determining the applicant's eligibility. If your spouse is applying for SSI and your income exceeds a specific amount, a portion of that income may be deemed available to the applicant by the SSA.

In addition, a child under the age of 16 may qualify for auxiliary benefits based on the SSDI eligibility of your spouse. In this case, your income could affect the amount of auxiliary benefits your child receives.

Contact an Attorney to Find Out More

If you have any questions or concerns about SSDI eligibility or how your income may affect your spouse's benefits, it's a good idea to consult with an experienced SSDI lawyer. An SSDI lawyer can do the following:

• Help you understand the eligibility requirements
• Determine your spouse's benefit amount
• Answer any questions you may have about working while your spouse receives SSDI benefits

With the help of an SSDI lawyer, you can ensure that your spouse receives the benefits they are entitled to and that you are able to work and support your family without any negative impact on your spouse's benefits.

For anyone who receives Social Security Disability Insurance (SSDI) benefits, big life changes can raise concerns. This might involve moving to another state, getting married, or going back to work. You’ve already applied for SSDI, but do these changes impact your eligibility? What about benefit payment amounts? The short answer is yes. But, it depends on the life change. Some events can impact benefit payments. Others may not. 

Seek the advice of an experienced lawyer about the best course of action. They can help to ensure you receive the benefits you deserve. 

What Events Can Impact Disability Benefits?

You must notify the Social Security Administration (SSA) of major life changes. You can do this online, by phone, or by mail. You can also visit your nearest SSA field office. 

Life changes that may impact disability benefits include:

• Your spouse or ex-spouse passes away. You may be eligible for survivor's benefits. Thus, the SSDI payment amount may increase. This is based on your spouse’s earning record.
• Your disability improves. Benefit eligibility depends on being able to work. If your condition gets better and you can work, the SSA may stop payments.
• You start working. This can include both part-time and full-time jobs. Self-employment counts too. If you start earning an income, this may affect SSDI eligibility.
• You receive other disability benefits. The SSA may look at this other income in deciding SSDI benefit payments.
• You go to jail or prison. If you are convicted of a crime, you are generally not eligible for SSDI while serving time. Some exceptions may apply. 
• You reach full retirement age. At this point, the SSA converts your SSDI benefits to retirement payments. These amounts are likely not the same. Your lawyer can help you find out. 
• You pass away. In the event of your death, SSA will terminate benefits. If you have a surviving spouse or children, they may be eligible for survivor’s benefits. 

What Changes Will Not Affect SSDI Benefits?

Other major life changes may not affect eligibility. You still have to notify SSA of these changes. But, you do not need to reapply for SSDI. Examples include:

• You get married. If you qualified with your own disability and earnings record, you will continue to receive benefits. This is different if you qualified in another way. An example is a child who receives benefits based on their parent’s income record. 
• You move to another state. Contact SSA before you move. This way, you don’t miss any mail or payments. Moving to another state does not impact eligibility.
• Your living situation changes. If you move in with someone, like a friend or partner, your SSDI benefits are not impacted. 
• You receive an inheritance. SSDI eligibility is based on disability and earnings history. An inheritance is unearned income. 
• Your household income changes. Since SSDI is based on your earned income, your spouse’s income does not impact benefit payments. 

Why Might Social Security Disability Benefits Stop?

There are two main reasons why the SSA may stop your SSDI payments. One, you start working. Or, two, your medical condition gets better. These are the two core factors in qualifying for SSDI benefits.

If you receive SSDI, you can have a trial work period (TWP) of nine months. This lets you test if you are able to work. Earning more than $1,050 in a month triggers the TWP. The nine months of work can span up to a 60-month period. The months do not have to be in a row. After nine months of TWP, earning more than $1,470 per month stops SSDI eligibility. That is the Substantial Gainful Activity (SGA) amount as of 2023. 

If your medical condition improves and you are able to go back to work, SSA may stop your SSDI benefits. This is based on a Continuing Disability Review (CDR). This reviews your current medical condition. They ask about treatment and daily activities. If they decide you are no longer disabled, they may stop your monthly benefit payments. The SSA typically asks for a CDR every three to seven years. 

How Can You Protect the Benefits You’ve Earned?

Just because you qualified for SSDI doesn’t mean you will continue to qualify for SSDI. The SSA reviews your case periodically with the CDR. Major life changes can affect disability benefits too. The federal government may also garnish benefit payments to serve outstanding debt.

A qualified Massachusetts lawyer experienced in Social Security can help. They can review your case and help you prepare for CDRs. They can also advise how to notify SSA of life changes and educate you on the impact these changes can have on your benefits. And, if the SSA stops payments, a lawyer can appeal that decision. 

When you can’t work because of a disabling medical impairment, you may qualify for Social Security Disability Insurance (SSDI). Unfortunately, applying for SSDI and getting approved for the benefits you need and deserve is a long and grueling process that can take months and sometimes even years. Not only does the Social Security Administration (SSA) impose a mandatory five-month waiting period from the onset of your disability until you can start collecting payments, but the wait can actually be much longer due to a backlog of claims.

If you applied for SSDI, but your disability got worse before you received a decision, keeping the SSA informed of changes in your medical condition is vital, as a particularly severe, worsening, or terminal diagnosis may qualify your claim for an expedited review and determination. Here’s what you need to know, including how Keefe Disability Law’s exceptional Boston SSDI attorneys can handle your application from start to finish and help you get approved for much-needed benefits as quickly as possible.

SSA Programs That Allow for Expediting SSDI Claims 

The SSA has three main programs or initiatives that can speed up the determinations process for direly ill individuals, helping them get approved for payments faster. These are the Compassionate Allowances (CAL) initiative, Presumptive Disability (PD) payments, and the TERI program for terminal illnesses. Here’s a brief overview of these crucial initiatives, what they do, and examples of conditions that qualify.

Compassionate Allowances (CAL)

The Compassionate Allowances program, or CAL initiative, allows the SSA to deliver faster SSDI determinations to individuals with especially severe disabilities. The program uses cutting-edge technology to identify diseases and other medical conditions that clearly meet Social Security’s strict definition of disability and make the applicant eligible for benefits. More than 200 conditions qualify for expedited processing under the Compassionate Allowances program, including:

• Adult-Onset Huntington Disease
• Early-Onset Alzheimer’s Disease
• Esophageal Cancer
• Inflammatory Breast Cancer (IBC)
• Lewy Body Dementia
• Malignant Multiple Sclerosis
• Nut Carcinoma
• Small Cell Lung Cancer
• Stiff Person Syndrome
• Thyroid Cancer

Presumptive Disability (PD)

Presumptive Disability, or PD payments, allow SSDI applicants with easily identifiable, qualifying conditions to collect “presumptive” benefit payments for up to six months while SSA Disability Determination Services (DDS) processes their application. The local Social Security field office, or in some cases DDS, grants Presumptive Disability payments based on the likelihood of your eventual approval for SSDI benefits. However, even if your application is ultimately denied, applicants approved for PD payments are not required to pay them back. Examples of conditions that commonly qualify for Presumptive Disability payments include:

• Total blindness
• Total deafness
• Lou Gehrig’s disease (ALS)
• Amputation of legs at the hip
• End-stage renal disease requiring dialysis
• Terminal illnesses with a life expectancy of six months or less

Terminal Illnesses (TERI)

SSDI applications based on conditions expected to result in imminent death can be flagged by a Social Security field office representative – or a DDS case examiner – and brought into the TERI program for expedited processing. If you’re receiving inpatient or home hospice care, applied for SSDI for ALS or AIDS, or have been diagnosed with a terminal illness with a life expectancy of six months or less, your case will likely qualify for TERI.  

Keeping the SSA Informed of Changes to Your Condition 

If your condition has changed or worsened after applying for SSDI, it’s critical that you inform the SSA and submit additional supporting medical evidence (from acceptable medical sources) as soon as possible. Mail your medical documentation to your local SSA office or drop it off in person if you haven’t been assigned a DDS claims examiner. However, if your claim has been assigned to an examiner, you can submit the evidence to them directly, using the contact information provided in the notice you received from the SSA.

Get Professional Help With Your SSDI Application

Applying for SSDI can be complicated – and having your condition worsen before you’ve received a determination certainly doesn’t make matters any simpler. When you’re disabled and counting on SSDI benefits, there’s far too much at stake to go it alone. Fortunately, you don’t have to. Keefe Disability Law’s accomplished SSDI attorneys offer the skilled guidance you need to secure the benefits you deserve.

Complete our online contact form or call us at 508-283-5500 to get your SSDI questions answered. Want to learn more? Request a complimentary download of our guide, 7 Costly Mistakes That Can Ruin Your Social Security Disability Claim.

Related Links: What Are Medically Determinable Impairments? Providing Evidence From Acceptable Medical Sources Do You Have a Dire Need for SSDI Benefits?

 

Social Security Disability Insurance (SSDI) is a payroll tax-funded federal insurance program that pays monthly benefits to workers who can no longer hold a job due to a significant illness or impairment. Once you've applied for SSDI and been approved for benefits, you won't have to reapply. However, you may be subject to periodic Continuing Disability Reviews (CDRs) to determine whether your eligibility has changed. Here's what you need to know about CDRs and how Keefe Disability Law's exceptional Boston SSDI attorneys can help if the Social Security Administration (SSA) tries to end your benefits.

SSDI Eligibility

Disabled individuals who have a medically determinable impairment that prevents them from working or participating in substantial gainful employment for 12 months or more may qualify for SSDI, provided that they also have sufficient work credits. (This means that the applicant has worked in jobs that pay into Social Security long enough to amass 40 work credits, 20 of which were earned in the last ten years; younger workers may qualify with fewer credits.)

Once approved, you can continue to collect benefits for as long as you have a qualifying disability. However, there are several reasons your eligibility could potentially change over time, such as significant improvement in your condition or returning to work and earning more than the substantial gainful activity limit. (What constitutes substantial gainful activity fluctuates with changes in the national average wage index; in 2022, it was $1,350 per month for most individuals and $2,260 per month for statutorily blind applicants.)

Understanding Continuing Disability Review (CDR) Frequency 

Anyone who receives SSDI benefits must submit to periodic CDRs. How often the reviews are required depends largely on whether your medical impairment is expected to improve. For example, if the improvement is expected, the SSA will typically initiate a CDR within six to 18 months of your approval for benefits. When improvement is possible, but not necessarily anticipated, CDRs are generally requested every three years. Finally, when improvement isn't expected, the SSA will review your claim for continued eligibility every seven years or so.

What to Expect During Your CDR 

You won't be expected to keep track of how often your claim needs review; the SSA will notify you by mail when a CDR is required. The disability review is a short interview at your local Social Security field office, during which you'll need to provide:

• Information on your medical condition and day-to-day limitations
• Contact information for your doctors and any medical facilities where you've received treatment 
• Contact information for your employer if you've worked since being approved for SSDI benefits 

The above information is sent to the same Disability Determination Services (DDS) office that was responsible for reviewing your initial application. DDS will inform you of its decision in writing by mail. Provided that your medical condition remains severe enough to prevent work (or substantial gainful activity), your monthly SSDI payments should continue. 

What to Do If Informed Your SSDI Benefits Will End 

Received a notification that your SSDI benefits will cease and believe the decision was made in error? Contact the knowledgeable and experienced Social Security disability attorneys with Keefe Disability Law immediately. Our adept lawyers will review your claim and the information you provided during your CDR for mistakes or omissions that may be to blame and work to rectify the situation as quickly as possible.

Request a Consultation 

Ready to find out how Keefe Disability Law's accomplished team of Boston attorneys can help you hang on to the SSDI benefits you need and deserve? Complete our online contact form or call 508-283-5500 (toll-free 888-904-6847) to schedule an appointment for a free initial consultation. For additional information, request our complimentary report, 7 Costly Mistakes That Can Ruin Your Social Security Disability Claim.

Related Links: Will My SSDI Benefits End? Filling Out a Disability Update Report How Work Credits Affect Your SSDI Claim

 

Managed by the Social Security Administration (SSA), Social Security Disability Insurance (SSDI) is a government program that provides medical care and monthly payments to individuals who have disabilities that prevent work or substantial gainful activity (SGA). Unlike Supplemental Security Income (SSI), SSDI isn't needs-based, so if you applied and were approved for benefits, there aren't any official restrictions on how you can spend the money you receive. However, the SSA does suggest prioritizing your current needs, catching up on past-due bills, and saving for reasonably foreseeable future expenses before using the money for discretionary spending. 

Here's what you need to know about using SSDI back pay or monthly payments; the many spending restrictions you face if you're a representative payee rather than a beneficiary; and how the knowledgeable and experienced Boston-based attorneys with Keefe Disability Law can assist you.

A Word About Back Pay 

Getting approved for SSDI can be a lengthy and frustrating process. Most applications are initially denied, forcing people who are in serious need of benefits to appeal the unfavorable decision via a four-stage process that can add months to the whole ordeal. When disability applicants are finally approved, they're often eligible for back pay – a lump sum payment of benefits you would have received had the SSA approved your application when you first applied. Because these benefits have accrued for months or even years, when the back pay lands in your account, the amount can be substantial. 

Spending Your Disability Benefits 

Whether it's back pay or monthly payments, the SSA recommends covering all of your basic needs before doing anything extravagant.

Examples of Basic Expenses 

• Rent or mortgage payments (or other housing costs)
• Utilities, such as water, electricity, natural gas, sewage and sanitation, and Internet 
• Food, including daily meals, snacks, and beverages, as well as occasional meals out 
• Other living expenses, such as transportation costs, laundry services, and more

Though, if you live with another person who covers such expenses in their entirety – or pays the lion's share – you can essentially spend your SSDI payments however you see fit.

Understanding the Responsibilities and Spending Limitations of an SSDI Representative Payee 

The SSA appoints a representative payee when an adult beneficiary is incapable of managing their own SSDI benefits, such as in cases of legal incompetency. A representative payee can be a person, like a family member, close friend, attorney, or an organization, such as social service agencies, banks or other financial institutions, and state or local government agencies. The appointed individual or organization has wide-ranging responsibilities, all of which must be completed with the beneficiary's best interests in mind. Also, unlike an SSDI beneficiary, a representative payee can't spend at their own discretion.

Representative Payee Duties 

• Use payments to meet the beneficiary's current and future housing, dietary, and other basic needs.
• Spend some of the money on personal comfort items and recreational costs for the beneficiary, such as movie tickets, magazine subscriptions, or outings or trips.
• Provide the beneficiary with discretionary money when possible. (If the disabled person has drug, alcohol, gambling, or other addiction issues, spending money can be given in small amounts and monitored to prevent abuse.)
• Save any benefits not currently needed to help cover unexpected future expenses.
• Keep records of the payments received and how they were spent.
• Provide the SSA with an accounting of how SSDI benefits were saved or used upon request.

Additionally, the SSA prohibits representative payees from collecting a fee – unless they're a qualified organizational payee and have received approval in writing – or spending SSDI benefits on themselves.

Are You Looking for a Social Security Disability Attorney in Boston, MA?

If you are looking to apply for social security disability, you need to speak with an experienced social security disability lawyer as soon as possible. Please contact us online or call our Natick Office directly at 888.904.6847 to schedule your free consultation.

Related Links: Understanding Your SSDI Benefits Becoming a Representative Payee When Do My SSDI Benefits Start?

 

In most cases, the Social Security Administration will not spy on you. Instead, your initial Social Security disability eligibility will depend on your application and supporting evidence. After you begin receiving Social Security disability, the agency may rely on continuing disability reviews to determine if you remain disabled and eligible for benefits.

However, if the Social Security Administration notices any red flags with your application, then the agency may decide to look into whether you are really disabled through online and in-person surveillance.

How the Social Security Administration May and May Not Investigate You

If the Social Security Administration decides that there is any reason to doubt your claim, then it may have investigators:

• Look at your social media accounts. If the Social Security Administration thinks that you are exaggerating or lying about your medical condition, investigators may check your Facebook, Instagram, Twitter, and other social media accounts to see what you are posting. If you are doing things that are inconsistent with your injury or illness, then the Social Security Administration may doubt your claim. What is posted on social media can be taken out of context or misinterpreted. Therefore, it is often a good idea to avoid posting on social media and regularly check your accounts to see what you are tagged in that could be misconstrued and interfere with your disability claim.
• Follow you. In some cases, the Social Security Administration may send investigators to take photographs or video footage of you in public places. The goal is to catch you doing something that you should not be able to do because of your medical condition. For example, depending on your specific conditions, you may or may not be able to go out for a run or run errands and video of you doing either of things could damage your disability application.

Even if the Social Security Administration suspects you are lying about your disability, the agency cannot take photos or video surveillance of you inside your home where you have a reasonable expectation of privacy.

Be Prepared but Not Scared for a Social Security Investigation

If you, your doctor, and your Social Security disability lawyer are honest, then you don’t need to worry. The Social Security Administration rarely uses surveillance. However, even if the Social Security Administration decides to spy on your social media accounts or follow you in person, the investigators won’t find anything inconsistent with your disability application. Therefore, the best way to prepare for a possible Social Security investigation is to tell the truth about your health and to always act consistently with the limitations your doctors suggest.

You won’t be notified in advance of Social Security surveillance. The agency doesn’t want to warn you of its actions because it doesn’t want you to change your behavior. Instead, the Social Security Administration is looking for a reason to deny your disability claim. Surveillance is just one way for the agency to meet this goal.

Our experienced Social Security lawyers have a different goal. We want to help you get the disability benefits that you’ve earned through your years of hard work and that you need because of your permanent illness or injury.

Keefe Disability Law represents people applying for initial disability benefits or appealing Social Security disability denials in Massachusetts, Vermont, New Hampshire, and Rhode Island. We answer the phone when people call our office, we believe in educating our clients and letting them know what to expect, and we fight hard to get them the benefits that they deserve.

We encourage you to learn more about your rights and the Social Security disability benefits process by contacting our Massachusetts disability lawyers today for a free, no-obligation consultation. We are happy to meet with you in our conveniently located Natick office or by phone. We look forward to sharing more information about how to get the disability benefits you might deserve.

Are You Looking for a Social Security Disability Attorney in Natick, MA?

If you are looking to apply for social security disability, you need to speak with an experienced social security disability lawyer as soon as possible. Please contact us online or call our Natick Office directly at 508.283.5500 to schedule your free consultation.

Related Links: When Will My Social Security Disability Benefits End? Think Before You Post: How Facebook Could Impact Your Boston Social Security Disability Application Who Makes the Decision About Whether I am Eligible for Social Security Disability Benefits?

 

You ask an important question that’s essential to answer before you start volunteering. You may be looking for something to do with your time, or you may want to continue supporting a favorite cause, but before you volunteer, you need to know whether your unpaid work could impact your Social Security disability eligibility.

What Type of Volunteer Work Will You Do?

The Social Security Administration is only concerned with one thing when it comes to your philanthropic activities. The agency wants to know if the work that you are doing would be considered substantial gainful activity if you were paid for it.

Since you aren’t paid, the Social Security Administration must consider factors other than your income when deciding if the work rises to the level of substantial gainful activity. Some of the things the agency will consider when making this determination include:

• How often you volunteer. If you volunteer more than a few hours a week, then the Social Security Administration may assume that you can get a paying job.
• The value of your volunteer work. If you were paid a fair wage for volunteering and that wage would exceed the substantial gainful activity level, then the Social Security Administration may decide that you can work.
• The physical requirements of your volunteer work. If the job requires a lot of lifting, walking, or other strenuous activity, then you may be able to work at a paying job.
• Whether the work you do is typically paid work or volunteer work. Suppose you volunteer for a for-profit business or for a family member’s business and someone else would be paid for the work. In that case, the Social Security Administration may conclude that your lack of pay is only so that you can keep receiving disability benefits. However, if your work is typically done on a volunteer basis, then the Social Security Administration may come to a different conclusion.

Is Your Volunteer Work Exempt?

Certain types of volunteer work will not trigger a review by the Social Security Administration and may not be considered evidence that you can engage in substantial gainful activity.

If you volunteer for a program included in the Domestic Volunteer Service Act, then the Social Security Administration may not consider your volunteer work when deciding whether you are disabled. Some of these exempt volunteer opportunities include:

• Volunteers in Service to America
• University Year for Action
• Special Volunteer Program
• Retired Senior Volunteer Program
• Foster Grandparent Program
• Service Corps of Retired Executives
• Active Corps of Executives

Similarly, if you serve on a board, advisory committee, or commission for a group created by the Federal Advisory Committee Act, then the Social Security Administration will not consider your volunteer work unless you are volunteering as part of a paid job.

Generally, if you are volunteering for one of the groups described above or a certified 501(c)(3) non-profit group in a way that is consistent with your disabilities and that does not indicate to the Social Security Administration that you can work, then volunteering can be a great thing. You may be happier and less anxious if you are doing volunteer work that you enjoy.

Do You Have Other Questions About Social Security Disability Eligibility?

Your disability has changed so much about your life. Social Security disability provides important financial benefits if you have a permanent or life-ending disability, and you can’t work. Initial and continued Social Security disability eligibility is often confusing, and a simple mistake or miscommunication could put a stop to your benefits.

Our experienced Social Security disability lawyers don’t want this to happen to you. Instead, we want to make sure that you continue to do your volunteer work while getting the Social Security disability benefits that you’ve earned.

If you have any questions about whether you are eligible for benefits or if you need to appeal the Social Security Administration’s denial of your benefits, please contact our Boston-area Social Security disability attorneys today for a free consultation.

Are You Looking for a Social Security Disability Attorney in Natick, MA?

If you are looking to apply for social security disability, you need to speak with an experienced social security disability lawyer as soon as possible. Please contact us online or call our Natick Office directly at 508.283.5500 to schedule your free consultation.

Related Links: Can I Work a Little Bit and File for Social Security Disability Benefits? Hobby Related Income and Social Security Disability Benefits When Will My Social Security Disability Benefits End?

 

There are different Social Security disability garnishment rules for various types of debt. If you owe money and a court has issued a garnishment order, then it is essential to understand which debts may be garnished and how garnishment is calculated. Then, you can estimate your monthly Social Security disability benefits.

No Social Security Disability Garnishment for Private Debts

Only the federal government can garnish your Social Security disability benefits. Therefore, even if you are behind on other significant debts and a legal garnishment order is in place, your Social Security disability benefits may not be garnished. Privately owned debts include:

• Credit card debt
• Mortgages
• Auto loans
• Bank loans
• Private student loans

While private lenders cannot garnish Social Security disability benefits, you should regularly check your bank account to make sure that no mistakes are made and that private lenders do not wrongfully garnish your disability benefits.

Social Security Disability Garnishment for Other Debts

While the Social Security Administration cannot withhold any portion of your disability payments to pay your private loans, the agency can withhold a portion of your disability payments if there is a legal garnishment order in place for other types of debts. These debts include:

• Child support
• Alimony or spousal support
• Restitution, or payment that is required to be paid to a victim after a criminal conviction
• Overdue federal taxes
• Federal student loans
• Non-tax debts owed to other federal agencies

If you owe debts that may be legally garnished, then the garnishment should be calculated from your monthly benefit after other legal deductions. In most cases, your garnishment will be the weekly garnishment amount multiplied by 52 and then divided by 12 and rounded to the nearest dime. Typically, the garnishment is limited to either the state maximum or the federal maximum allowed under the Consumer Credit Protection Act, whichever is lower.

For child support payments, the federal maximum provides that you owe:

• 50% of eligible benefits if you support a spouse or child who is not subject to the court order
• 60% of eligible benefits if you do not support a spouse or child who is not subject to the court order

If you are more than 12 weeks late with your child support payments, then the percentage that you must pay rises to 55% if you support another child or spouse or 65% if you do not support another child or spouse.

Make Sure You Get the Social Security Disability Benefits You’ve Earned

Debt is a common part of life. Unfortunately, now that you are disabled and unable to work, it is more challenging than ever to make regular payments on your debts. That doesn’t mean that your disability payments should always go toward paying your debt, however.

The first step in getting the disability benefits that you’ve earned and satisfying your legal garnishments is to apply for Social Security disability benefits. If your application is denied, then you won’t have the money to live on or to pay your garnishments.

Accordingly, our experienced Social Security disability lawyers will work hard to get you the benefits that you’ve earned. We will thoroughly review your medical record and work history so that we can submit a strong and complete Social Security disability application on your behalf. If your application happens to be denied, we will fight hard on appeal to protect your rights.

Don’t let a potential garnishment prevent you from applying for Social Security disability benefits. If you are eligible for benefits, then some of your monthly payments may go toward satisfying your debts, but the rest will be yours to use as you wish.

Learn more about your rights for free. We invite you to contact our Boston area Social Security disability attorneys for a free consultation and to download a free copy of our book, Unlocking the Mystery: The Essential Guide for Navigating the Social Security Disability Claims Process.

Are You Looking for a Social Security Disability Attorney in Natick, MA?

If you are looking to apply for social security disability, you need to speak with an experienced social security disability lawyer as soon as possible. Please contact us online or call our Natick Office directly at 508.283.5500 to schedule your free consultation.

Related Links: What Happens to Social Security Disability in Bankruptcy How a Move to a Nursing Home Can Affect SSI Benefits Social Security Disability Retroactive Benefits and Back Pay

 

Your medical condition prevents you from working. While your daily activities have changed significantly, you still have a hobby that you enjoy. Perhaps you enjoy crafts that you can do from the comfort of your home, maybe you are a gifted graphic designer and you can do a few projects at a time, or maybe you have a knack for fixing broken appliances.

You can’t turn your hobby into a steady income because of your disability, but can you sell your goods or services on the side and earn a little money.

How Much Money You Can Earn While Receiving Social Security Disability

Typically, the Social Security Administration does not consider your hobbies when determining whether you can work. However, if you get paid for what you consider to be a hobby, then your hobby is relevant in the Social Security disability eligibility or continued disability eligibility determination.

The Social Security Administration must find that you are completely disabled and unable to support yourself by working before it begins sending you Social Security disability benefits.

More specifically, the Social Security Administration must find that you are unable to engage in substantial gainful activity.

The amount that you can earn and still qualify for Social Security disability benefits changes annually. For example, in 2020, substantial gainful activity, or the amount that you could earn and still qualify for benefits, was set at $1,260 per month for non-blind Social Security disability recipients and $2,110 per month for blind Social Security disability recipients.

If you want to make money at your hobby, however, it is not enough to make sure that your earnings are below the substantial gainful activity threshold. While you can’t make more than the substantial gainful activity amount, you need to be careful that the Social Security Administration doesn’t think that you are purposefully holding back on earning an income so that you remain eligible for disability benefits.

In making its determination, the Social Security Administration may consider things such as:

• The circumstances under which you did the work. These circumstances could include but aren’t limited to whether you did the work at home and any special accommodations that you had at home to make doing the work easier.
• Your “work” hours. If you work on your hobby during non-traditional work hours or require frequent breaks, then you may not be able to go back to work even if you can make some money with your hobby.
• Special assistance you receive at home. Are you able to complete all of the work that it takes to make money at your hobby independently, or are other people involved in the making, advertising, selling, and managing of the endeavor?

The Social Security Administration should consider all of the information that you provide when determining whether you can work and whether you are disabled.

Is the Benefit of Earning Money Worth Risking SSDI Benefits?

You, like many other Social Security disability recipients, may have trouble making ends meet with just your monthly disability payments and existing assets. Additionally, or alternatively, you may suffer emotionally if you are not working. Part-time self-employment from home doing a hobby that you enjoy may be just the answer for you.

If you choose to pursue earning an income from your hobby and receive Social Security disability benefits, then we encourage you to make sure that all of your rights are protected. Our experienced Metro Boston Social Security disability lawyers are here to help you. We want you to lead the most fulfilling life that you can. If earning money from a hobby is part of your plan, then let’s talk about how you can do that without jeopardizing the fair Social Security disability benefits that you’ve earned during your years of work.

Are You Looking for a Social Security Disability Attorney in Natick, MA?

If you are looking to apply for social security disability, you need to speak with an experienced social security disability lawyer as soon as possible. Please contact us online or call our Natick Office directly at 508.283.5500 to schedule your free consultation.

Related Links: Returning to Work While Receiving Social Security Disability When Will My Social Security Disability Benefits End? Part-Time Jobs and SSD Benefits

 

The Social Security disability payments that you receive each month help you financially. Your Social Security disability deposits provide some money to pay for essential things such as food, shelter, heat, and food.

The exact amount of monthly Social Security disability payments depends on your work history and changes slightly from year to year. However, in January 2020, the average monthly Social Security disability payment to a disabled worker was $1,258. Given the high cost of living in the Greater Boston area and throughout Massachusetts, Rhode Island, and New Hampshire, Social Security disability benefits are unlikely to pay all of your bills.

You may be in debt. Your next step may be to file for bankruptcy relief so that you can have the fresh start bankruptcy allows. However, you may be worried about what will happen to your Social Security disability benefits if you pursue a bankruptcy case.

Keep Your Social Security Disability Income and File for Bankruptcy

You don’t have to choose between bankruptcy and Social Security disability. In most cases, you can keep your Social Security disability payments and get bankruptcy relief.

Chapter 7 Bankruptcies

Chapter 7 bankruptcies are also known as liquidation bankruptcies. In a Chapter 7 bankruptcy case, your assets that are classified as non-exempt assets are sold and distributed to your creditors to satisfy your debts. Therefore, the question becomes whether Social Security disability payments are exempt assets.

Social Security disability payments may be exempt pursuant to state exemption laws or the federal exemption law. You must decide whether you are going to choose the state exemptions or the federal exemptions when you file for Chapter 7 bankruptcy. Therefore, it is important to let your bankruptcy lawyer know that you receive Social Security disability payments so that all relevant factors can be considered when deciding which exemption list to choose.

Even if your Social Security disability payments are exempt from a Chapter 7 bankruptcy, there is an important factor that can complicate your case. Most people have their Social Security disability payments deposited into a bank account that also has money from other sources. Whether it is money that was gifted to you or that you earned from a hobby, for example, the money is not all from the Social Security Administration.

The comingling of money in one bank account makes it hard for the Chapter 7 Trustee to determine which money is Social Security disability income and which money is from other sources. The Trustee may decide that it is impossible to figure out how much of the money is from Social Security disability and, therefore, the entire bank account may be non-exempt and used to pay your creditors. This problem may be avoided if you keep Social Security disability payments in a separate bank account.

Chapter 13 Bankruptcies

Chapter 13 bankruptcy works differently than Chapter 7 bankruptcy. In a Chapter 13 bankruptcy, you keep all of your assets and pay your creditors through a court-approved monthly repayment plan over a three- to five-year period. Your income and expenses are considered when a repayment plan is created. Your Social Security disability income may be exempt from the income that is considered when determining your ability to repay your creditors.

Talk to a Social Security Disability Lawyer to Protect All of Your Rights

Your bankruptcy lawyer will make sure that Social Security disability payments and other exempt assets are protected during bankruptcy. However, you may have other concerns about your Social Security disability payments, such as:

• Can you work and receive Social Security disability payments?
• When will your Social Security disability payments end?
• Are you receiving the right amount in Social Security disability payments?
• Why is the Social Security Administration reviewing my claim, and what do I need to do about it?

Our Boston area Social Security disability lawyers encourage you to contact us as soon as you have a question. Don’t wait for the Social Security Administration to take away your benefits. Instead, let’s work together to make sure that there is no interruption in the benefits you receive.

To learn more, please contact us through this website or by phone at any time. We would be pleased to offer you a free consultation by phone or in person to discuss your legal options.

Are You Looking for a Social Security Disability Attorney in Natick, MA?

If you are looking to apply for social security disability, you need to speak with an experienced social security disability lawyer as soon as possible. Please contact us online or call our Natick Office directly at 508.283.5500 to schedule your free consultation.

Related Links: How a Move to a Nursing Home Can Affect SSI Benefits Part-Time Jobs and SSD Benefits Continuing Disability Reviews for Recipients of Benefits

 

You qualify for Social Security disability benefits because you have a terminal illness or a medical condition that has resulted in your permanent disability. Some Social Security disability recipients believe that because their condition is terminal or permanent that they will receive Social Security disability benefits for the rest of their life. However, this is not always true.

The Social Security Administration Can Terminate Disability Benefits in Certain Situations

The federal laws and regulations that govern Social Security disability allow the Social Security Administration to end a recipient’s benefits when:

• Your health improves and you are no longer disabled. Sometimes medical conditions improve. Whether that is due to luck, medical advancements, or the natural progression of your condition, you may no longer be eligible for Social Security disability benefits if your health has improved to the point where you no longer qualify.
• You are able to go back to work. Even if your health condition is permanent, there may come a time when you are able to go back to work. You may find a medication that allows you to work, there could be a breakthrough in treatment for your condition, or you may find that you can work with certain accommodations. If this happens, and you are able to earn enough to engage in substantial gainful activity, then your benefits will stop. If you are unsure about whether you can earn enough to stay in the workforce or to earn enough money to qualify as engaging in substantial gainful activity then you may be able to go back to work on a trial basis until you know for sure. The exact amount that is considered substantial gainful activity is subject to change annually. In 2017, substantial gainful activity was defined as $1,170 a month for non-blind individuals and $1,950 a month for blind individuals.
• You reach retirement age. You cannot receive both Social Security disability and Social Security retirement benefits at the same time. Thus, the Social Security Administration will stop your disability benefits when you reach retirement age and you begin receiving retirement benefits.

Before the Social Security Administration can take away your benefits, however, the agency must be aware that one of the conditions described above has occurred.

How Will the Social Security Administration Know?

The Social Security Administration may know that your benefits will be terminated because of:

• Your report to the agency. You may need to proactively report changes of your medical condition or your work status to the Social Security Administration.
• The agency’s periodic review of your claim. The Social Security Administration periodically reviews all disability cases. During these reviews, the agency may decide whether or not you continue to qualify for benefits. Periodic reviews may happen as frequently as every few months or as infrequently as every seven years, depending on the unique disability that you suffer. The Social Security Administration should let you know when a periodic review is occurring and the status of the agency’s findings.

However, the Social Security Administration does not always come to the right conclusion based on the information that it collects when you self-report or it conducts a periodic review.

Sometimes the Agency Wrongfully Decides That Your Benefits Should Be Terminated

If you receive a notice of termination then it is important to take action quickly to avoid an unnecessary disruption in your disability benefit payments. While it may seem like a hassle now, it is actually easier to stop benefits from ending than to go through the entire process of applying for Social Security disability benefits again.

For this reason, we encourage you to contact an experienced Social Security disability lawyer as soon as you think that your benefits may be in jeopardy. We will investigate your claim and work hard to convince the Social Security Administration of your continued eligibility if you remain disabled.

Are You Looking for a Social Security Disability Attorney in Natick, MA?

If you are looking to apply for social security disability, you need to speak with an experienced social security disability lawyer as soon as possible. Please contact us online or call our Natick Office directly at 508.283.5500 to schedule your free consultation.

Unfortunately, with approval for Social Security disability applications taking anywhere from a few months to a few years, it's not uncommon for applicants to die while their application is still under review by the Social Security Administration (SSA). When this happens, a family member of the deceased—such as their spouse, children, or parents—can continue the claim on their behalf. However, it's important to note that continuing a Social Security disability claim for Social Security Disability Insurance (SSDI), which is determined by the applicant's work history, is easier than continuing a claim for Supplemental Security Income (SSI), which is a need-based program determined by income.

SSDI applicants who are eventually approved for benefits must endure a five-month waiting period following the onset of their disability before they actually begin receiving payments. In the case of deceased applicants, the benefits would begin accumulating at the end of that waiting period and end the month of their death.

Additionally, the spouse, children, or parents of disabled individuals can also start a new application for Social Security disability benefits on behalf of their loved one—even if they didn't apply for benefits prior to their death.

Do You Need Help Pursuing Social Security Disability Benefits?

If your loved one died while their SSDI or SSI application was still pending, or you'd like to apply and start a posthumous claim on their behalf, working with a knowledgeable and experienced personal injury attorney gives you the best chance for a successful resolution. The skilled attorneys with Keefe Disability Law know the ins and outs of the SSA's application process and can guide you each and every step of the way, providing you with the compassionate and thoughtful representation you need during what is sure to be a difficult and emotional time. Call us today to schedule your free initial consultation or to request a copy of our free eBook, Unlocking the Mystery: The Essential Guide for Navigating the Social Security Disability Claims Process.

Are You Looking for a Social Security Disability Attorney in Natick, MA?

If you are looking to apply for social security disability, you need to speak with an experienced social security disability lawyer as soon as possible. Please contact us online or call our Natick Office directly at 508.283.5500 to schedule your free consultation.

Related Links: What Is the Difference Between SSI and SSDI? Disability Recipients May Add Benefits for Family Members

 

Whether you lose your Supplemental Security Income (SSI) depends on how long you are in a nursing home and who pays for your nursing home care.

SSI is a needs-based program that provides financial assistance to low-income individuals who are aged, blind, or disabled. If you move into a nursing home and Medicaid pays for your care, your SSI benefits may be reduced. However, depending on your circumstances, you may still be eligible for some SSI benefits.

It is important to note that if your SSI benefits are suspended, you can still reapply for them once you no longer reside in a nursing home.

Short-Term Medicaid Nursing Home Stays

If you are in a nursing home for fewer than 90 days, your SSI benefits will not be affected.

You will still receive the same amount of benefits you did before you entered the nursing home if you provide the Social Security Administration (SSA) with the following information:

• A written and signed statement from your doctor verifying that you will be in the medical facility in question for no more than 90 consecutive days
• A written statement from you, a family member, or another caregiver stating that you need your current SSI benefits to maintain your permanent home during your short-term stay in the nursing home

You may also need to provide the following:

• The name and address of the nursing home
• The dates you expect to be in the nursing home
• The reason for your stay in the nursing home

The SSA requires SSI beneficiaries to submit the necessary information before leaving the nursing home or by the 90th day after first entering the nursing home.

Long-Term Medicaid Nursing Home Stays

If you are in a nursing home for more than 90 days and Medicaid pays for more than half of your nursing home costs, your SSI benefits may be reduced. The amount of your reduction will depend on how much money you have in countable assets. You may still be eligible for some SSI benefits if your countable assets are below a certain limit.

How and Why to Report a Change of Address to the Social Security Administration

If you move, even if it is just a temporary move to a nursing home, you must report your new address to the Social Security Administration. You can report your change of address online, by calling the SSA at 1-800-772-1213, or by visiting your local SSA office.

It is important to keep the SSA updated on your current address so that they can properly send you any SSI benefits to which you may be entitled. Additionally, failure to report a change of address to the SSA may result in penalties such as suspension of benefits.

Is Your SSI Case Under Review?

If your SSI case is under review, the SSA is taking a closer look at your case to ensure that you are still eligible for benefits. This review can happen at any time and is usually triggered by a change in your circumstances, such as moving into a nursing home.

You will need to provide the SSA with updated information about your assets and income, if your case is under review. You may also be required to submit documentation, such as bank statements or pay stubs.

Cooperating with the SSA during their review of your case is essential. Failure to do so may result in a loss of benefits.

Contact a Massachusetts Social Security Disability Lawyer

If you are considering moving into a nursing home or have already made the move and are having trouble maintaining your Supplemental Security Income (SSI) benefits, you should speak with a Massachusetts Social Security disability lawyer.

Massachusetts Social Security lawyers can help you navigate the process of applying for or maintaining SSI benefits. They can also help you understand your rights and options if your benefits are reduced or suspended due to a nursing home move or other reasons.

Don't try to deal with the Social Security Administration on your own. Let a Massachusetts Social Security disability lawyer help you protect your interests. Please fill out our online contact form or call us at 508-283-5500 to learn more.

 

Related links: How Your Income Affects Your SSI Benefits What Is the Difference Between SSI and SSDI? What Will Cause Disability Benefits to Stop?

 

If you receive Social Security (SS) Disability benefits from the Social Security Administration (SSA) for a disabling condition, you may wonder if you're entitled to an increase in benefits if your condition worsens. Unfortunately, a worsening condition doesn't usually entitle an SS beneficiary to receive a larger monthly payment. This is because the amount of SS Disability you receive is related to your previous earning record rather than the severity of your condition.

However, there are a few situations in which a worsening condition may entitle you to additional benefits. For example:

• If you were receiving SS payments for a condition such as low vision, you may be able to receive additional benefits if the condition progresses to legal or full blindness that prevents you from working.
• If you were approved for SS benefits for a kidney disease, you may become eligible for Medicare coverage more quickly if your condition results in complete kidney failure, requiring a kidney transplant or daily dialysis.
• If you develop a new disabling condition, in addition to the condition for which you were approved, you may be eligible for additional benefits through a different assistance program.

Do You Need Help With Your Social Security Disability Claim?

Applying for SS benefits can be a lengthy and complex journey. Failing to provide all the necessary information in the initial application can result in frustrating delays or denials. Additionally, even after you're approved, you may not know the best way to communicate your needs to the SSA. Fortunately, an experienced disability attorney can help. Seasoned disability attorneys can advocate for you every step of the way—from your initial application, to changes in your condition, to a denial. Don't go it alone. Contact the attorneys with Keefe Disability Law today for a free evaluation of your case. We're happy to answer any questions and concerns you may have. You can also request a free copy of our book, The Five Most Frequently Asked Questions About Social Security Disability.

Are You Looking for a Social Security Disability Attorney in Natick, MA?

If you are looking to apply for social security disability, you need to speak with an experienced social security disability lawyer as soon as possible. Please contact us online or call our Natick Office directly at 508.283.5500 to schedule your free consultation.

Related links: Monthly Payment Schedule for 2016 SS How Social Security Disability Can Help Your Family

 

For many disabled individuals, Social Security disability benefits are a financial lifeline crucial to overall well-being. These benefits can help to make up for the income that the person is unable to earn as a result of his or her condition. For this reason, receiving notice that disability benefits are about to cease can be a terrifying prospect for many people.

What Will Cause Disability Benefits to Stop?

Once you qualify for disability benefits, certain events can trigger these benefits to terminate. Examples of reasons for disability benefits to be cut off include the following:

1. Improvement of your medical or psychiatric condition. The Social Security Administration conducts continuing disability reviews, usually in either 3- or 7-year increments. During this process, the Social Security Administration evaluates whether your condition has improved such that you are no longer eligible for disability benefits.
2. You returned to work. This is the most common reason for disability benefits to cease. In most cases, you cannot work and continue to receive disability benefits. There are some cases in which this is permitted; however, specific provisions must be complied with. The Social Security Administration will evaluate whether you are engaging in substantial gainful activity, and if it is determined that you are, you may have your benefits terminated.
3. You reached retirement age. People receiving disability benefits are no longer eligible once they reach full retirement age. This is because you cannot receive both Social Security disability benefits and Social Security retirement benefits at the same time. People who were previously receiving disability benefits will instead receive retirement benefits.
4. You are incarcerated or institutionalized. If you are in jail, your disability benefits will stop for the period of time during which you are incarcerated. You may also see your benefits terminated if you are convicted of certain types of felonies.
5. You receive too much income. This is another common reason for disability benefits to be terminated. To continue to be eligible for benefits, you must fall within the income or asset limits.
6. You were a child when you first began receiving disability benefits and have since turned 18. When this happens, you will be reevaluated to see if your condition matches Social Security Administration standards for adults.
7. Your living situation has changed. If you enter or leave an institution such as a nursing home or a halfway house, you may see your disability benefits terminated. Similarly, if you leave the country for more than 30 days, benefits can cease.

If your benefits have been terminated or about to terminate, it is crucial to take the proper steps in order to prevent the loss of benefits.

What to Do If Your Disability Benefits Stop

Any person receiving disability benefits will be subjected to periodic reviews to determine if they remain eligible. First, the Social Security Administration will contact you to request updates on your status as well as the treatment you are receiving for your condition. They will also look at your medical records to evaluate whether you are still deemed to be disabled. It is important to be responsive and cooperative with the Social Security Administration during this process.

If the Social Security Administration decides that you are no longer eligible for benefits, you will receive a letter stating that your benefits are being terminated. From this point forward, you have two months to continue receiving benefits. It is important to consider filing an appeal. It is important to begin the appeal process as quickly as possible and with the assistance of a knowledgeable and experienced attorney.

If you decide to file an appeal and you do so within ten days after receiving notice of termination, you can choose whether to continue receiving benefits while the Social Security Administration processes your disability appeal. If the judge overseeing the appeal sides with you, your benefits will continue. If the judge rules against you, however, the Social Security Administration can declare that you have been overpaid. If you file an appeal outside of that 100-day window, your benefits will be suspended until a judge rules on the appeal. In this case, the Social Security Administration must receive notice of your appeal within 60 days of your receipt of the disability benefits termination letter.

The first task on the to-do list for any person whose disability benefits are about to terminate is to contact an attorney. He or she can provide the guidance you need to have your benefits continue. We encourage you to contact us today for a free consultation at 888-904-6847.

Are You Looking for a Social Security Disability Attorney in Natick, MA?

If you are looking to apply for social security disability, you need to speak with an experienced social security disability lawyer as soon as possible. Please contact us online or call our Natick Office directly at 508.283.5500 to schedule your free consultation.

Related Links: Deciding to Appeal a Disability Denial How to Win an Appeal How to File an Appeal

Probably not the people you expect.

You may have submitted your initial SSDI (Social Security Disability Insurance) application online, or perhaps you mailed it in. It’s even possible that you handed it over the counter to the pleasant clerk at your local Social Security office. In any case, you naturally assume that somebody from the Social Security Administration will look at all your work carefully, apply her best judgment, and give you an answer in a day or two. Maybe—you hope—a week at the outside.

Many, Many People Will Look At Your Application

Right now, there are many more applications for Social Security disability benefits than personnel to examine them. The result is a long backlog of cases. You can expect it will take a few weeks before anyone begins evaluation of your application. Delays of several months are not uncommon.

During that time, two different groups of people will examine your application for errors, omissions, and disqualifying details. Each group has the independent power to deny your benefits.

The Social Security Administration

Your file will be examined by one or more account caseworkers at a Social Security Administration field office. This review will look only at whether you qualify under the work rules established for disability benefits. That means your application will be checked to make sure:

• You have documented a work history that extends over many years, so you have contributed to the Social Security trust funds.
• You have shown a recent period of work.
• You have supplied proof that you are no longer earning a substantial amount of money from work.

Failure on any of these points means your application will be rejected.

The Disability Determination Service

Your file will also come under review at by a special office set up by your state government but funded by federal money; most states call these offices the Disability Determination Service (DDS).

Caseworkers at the DDS must follow Social Security Administration rules and procedures in deciding whether the information submitted proves the applicant meets the criteria for disability. Examiners perform disability evaluations for both SSDI and Supplemental Security Income (SSI) claims. They can also request that applicants undergo a medical examination to verify details about the person’s health.

In our region, the following DDS offices process all claims originating in their respective states:

• The Disability Determination Services of the Massachusetts Rehabilitation Commission has offices located in Boston and Worcester.
• Rhode Island’s Disability Determination Services has its office in Providence.
• In Vermont, Disability Determination Services is part of the Department for Children and Families, and has its office in Waterbury.
• New Hampshire’s Disability Determination Service is based in Concord.

If your local DDS determines that your medical evidence is not complete or fails to prove you meet the standards for a disability, your application will be rejected.

A Rejected Application Is Not the End

Over two-thirds of all initial SSDI applications are rejected. Many applicants give up at this point; others decide to begin the application process all over again. Most of the time, those decisions are both mistakes. In almost every case, the best answer is to begin the appeals process by requesting your case be reconsidered. You are allowed to supply additional evidence at this point, but your time-frame to respond is very limited.

We’re here to help. We recommend you start by reading our free book, Unlocking the Mystery: The Essential Guide for Navigating the Social Security Disability Claims Process. Then, follow up by using the live chat button on this page to start a conversation with our team to get your specific questions answered. You’ll be glad you did!

Are You Looking for a Social Security Disability Attorney in Natick, MA?

If you are looking to apply for social security disability, you need to speak with an experienced social security disability lawyer as soon as possible. Please contact us online or call our Natick Office directly at 508.283.5500 to schedule your free consultation.

Related Links: Time in the Labor Force and Your Disability Application How a Lawyer Can Give You an Advantage in Filing a Disability Claim How Long Will I Have to Wait Before I Start to Receive Benefits?

When filling out the forms for disability consideration, the Social Security Administration (SSA) requires you to provide a lot of financial information, including details of your earned income (wages) and unearned income (benefits, pensions, interest income, etc.). For non-blind individuals, if your income exceeds $1090 in 2015, you most likely will not be eligible for SSI benefits. If you earn less than $1090, you may be eligible, but the amount you receive will be in direct proportion to your earnings.

Calculating SSI Benefits

When determining how much money you will receive each month, the SSA starts with the total of your current earned and unearned monthly income, but then subtracts a fixed amount as well as certain additional forms of income. Called exclusions, these subtractions can be difficult to figure out on your own. The SSA provides an extensive list of exclusions on its website, but you can get a general idea of how the calculations work with the following example.

If your gross monthly income from a part-time job is $520 you will make deductions as follows:

Step One: Calculating Countable Income		Total
Earned Income	$520	$520
Subtract General Income Exclusion	-$20.00	$500
Subtract Earned Income Exclusion	-$65	$435
Countable Earned Income		$435
Divide Countable Income in Half	$435 / 2	$217.50
Total Countable Income		$217.50

Once the countable income is determined, it is subtracted from this year’s federal benefit payment standard rate.​

Step Two: Using Your Countable Income to Determine Your SSI Pay
Federal Benefit Rate (2015)	$733
Subtract Adjusted Countable Income	-$217.50
Adjusted SSI Payment Amount Total		$515.50

Therefore, if your working monthly income is $520, your total monthly income with disability should be $1,035.50. Need more information on how your disability is calculated? Contact us today for a free consultation and let us help answer your questions and address your concerns. Remember, it’s our job to help you! ​

Are You Looking for a Social Security Disability Attorney in Natick, MA?

If you are looking to apply for social security disability, you need to speak with an experienced social security disability lawyer as soon as possible. Please contact us online or call our Natick Office directly at 508.283.5500 to schedule your free consultation.

Related Links: What is “substantial gainful activity” and how will it affect my disability application? How Your Income Will Affect Your SSI Benefits Asset Exclusions When Calculating Countable Income

Telangiectasia is an unusual dilation of blood vessels near the surface of the skin. This generally causes redness or flushing and can be caused by bruising, sunburns, or as an effect of Rosacea. However, Hereditary Hemorrhagic Telangiectasia (HHT) is a disorder that causes abnormalities in the dilation of blood vessels in vital organs, making it a much more serious disorder.

As described by the National Library of Medicine, normal blood flow starts with the heart pumping blood into your arteries at high pressure. This pressure pushes the blood through the arteries to smaller vessels (arterioles and capillaries), which in turn supply oxygen to your body's tissues. By the time blood reaches the capillaries, the pressure is much lower than when it started. The blood then travels from the capillaries into veins and then back to the heart

HHT, however, can cause disastrous disruptions in this normal blood flow. When you suffer from HHT, your arterial vessels bypass the capillaries and push blood directly into your veins at a much higher pressure than normal. Since your veins have thinner walls and are less elastic than your arteries, they can’t sustain the high pressure for very long, and become strained. This added strain can cause serious issues to your veins and can also lead to life-threatening vascular problems.

Types of Hereditary Hemorrhagic Telangiectasia

Although some forms of HHT are minor and will only result in the occasional nosebleed or flushing (reddening) of the skin where the affected blood vessels dilate, more aggressive forms of the disorder can be life threatening. More specifically:

• Type 1. This disorder can cause pressure-induced hemorrhages in the eyes, lungs, or brain, which can lead to vision problems, pulmonary edema, brain injury, and death.
• Types 2 and 3. In these types, hemorrhages center more in the lungs, heart, and liver causing shortness of breath, pain, and dizziness, potential cardiac arrest and higher risk of liver cirrhosis.
• Ataxia Telangiectasia. A-T occurs when compromised blood flow causes the immune system to break down. When the immune system becomes affected, viruses, bacteria, and illnesses will become more aggressive. In addition, people with A-T are 20% more likely to develop cancer

How This Affects Your Disability Claim

As a result of these risks, the Social Security Administration recognizes severe cases of Hereditary Hemorrhagic Telangiectasia as sufficient reason for disability qualification. Considering how excessive movement and activity can exacerbate the condition, the SSA concedes that working could potentially be life threatening. Therefore, if you’re diagnosed with this disorder, you should seriously consider speaking to an experienced attorney about filing a claim for disability.

Contact us today to discuss how we can help you prove your disorder is worth disability benefits. Our extensive knowledge with the disability process will not only guarantee that your claim is filed correctly but also be given the attention it deserves. Contact us today for a free consultation and allow us to ease the pressure of filing.

Are You Looking for a Social Security Disability Attorney in Natick, MA?

If you are looking to apply for social security disability, you need to speak with an experienced social security disability lawyer as soon as possible. Please contact us online or call our Natick Office directly at 508.283.5500 to schedule your free consultation.

Related Links: How Social Security Disability Fraud Hurts Applicants Respiratory Problems Recognized for SSA Disability Benefits Blood Disorders That May Qualify for Disability