If your disability benefits were stopped or reduced by the Social Security Administration (SSA), it can be a stressful and confusing situation. Whether you lost your benefits due to a change in your medical condition, missed paperwork, or other reasons, you do have options to get your disability benefits reinstated. Here’s a step-by-step guide on how to get your disability benefits back.
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Step 1: Understand Why Your Benefits Were Stopped or Reduced
The first step is to determine the reason your disability benefits were discontinued. There are several common reasons why the SSA may stop benefits:
- Medical Improvement: The SSA may determine that your condition has improved and you are no longer disabled under their criteria. They review your condition periodically to assess whether you still meet the SSA’s definition of disability.
- Income or Work: If you return to work and earn above the Substantial Gainful Activity (SGA) threshold, the SSA may stop your benefits. The income limit for 2025 is $1,470 per month (or $2,460 for blind individuals).
- Failure to Complete Reviews: The SSA may stop benefits if you fail to complete a continuing disability review (CDR), which is a periodic review of your disability status.
- Noncompliance: If you miss an important deadline, such as failing to respond to the SSA’s requests for information, your benefits may be stopped.
Once you understand the reason for the termination of your benefits, you can move forward with the appropriate steps to get them reinstated.
Step 2: Appeal the Decision
If you believe the SSA made an error or that your benefits were wrongfully stopped, you can file an appeal. The SSA allows you to appeal most decisions through a formal process. The appeal options include:
- Request for Reconsideration: This is the first level of appeal. You will submit a request to the SSA to have them review the decision again. You can provide new medical evidence or clarify any misunderstandings.
- Hearing Before an Administrative Law Judge (ALJ): If your request for reconsideration is denied, you can request a hearing before an ALJ. This is your opportunity to present your case in person and provide additional evidence.
- Appeals Council: If you are denied at the ALJ level, you can request a review by the SSA’s Appeals Council.
- Federal Court: As a final option, if you disagree with the decision from the Appeals Council, you can file a lawsuit in federal court to challenge the SSA’s decision.
Each of these steps has specific deadlines, so it's important to act quickly. Generally, you have 60 days from the date you receive the notice to file an appeal.
Step 3: Submit New or Additional Medical Evidence
If your benefits were stopped due to a perceived improvement in your medical condition, or if you failed to provide enough medical evidence initially, submitting new medical evidence could help reinstate your benefits. Here’s what you should do:
- Request Updated Medical Records: Contact your healthcare providers and ask for copies of your latest medical records, including test results, treatment history, and statements from your doctors.
- Get a Doctor’s Opinion: A statement from your doctor explaining why your condition prevents you from working can be critical in proving that you still qualify for disability benefits.
- Provide Functional Limitations: Be clear about how your disability affects your ability to work and perform daily activities. This can include limitations in mobility, cognitive function, or daily tasks.
Step 4: Apply for a Trial Work Period (TWP)
If your benefits were stopped due to you returning to work and exceeding the SGA threshold, you may be eligible for a Trial Work Period (TWP). This allows you to test your ability to work without losing your benefits. During a TWP, you can earn above the SGA limit for up to 9 months without having your benefits stopped.
Once the trial period is over, the SSA will evaluate your ability to continue working and decide whether to resume or stop your benefits. Make sure to contact the SSA to inform them of your work activity and to verify whether you qualify for the TWP.
Step 5: Request Expedited Reinstatement
If your benefits were stopped due to work activity or medical improvement but you are no longer able to continue working due to your disability, you may be eligible for Expedited Reinstatement (EXR). This program allows you to request that your benefits be reinstated without having to go through the entire application process again.
To qualify for EXR:
- Your benefits must have been terminated within the last 5 years.
- Your condition must prevent you from working.
- You must apply for reinstatement within 60 months of the date your benefits ended.
If approved, your benefits will be reinstated, and you may be eligible to receive retroactive payments.
Step 6: Contact the SSA for Clarification
If you're unsure about why your benefits were stopped or what steps you need to take to get them back, contact the Social Security Administration directly. You can:
- Call the SSA at 1-800-772-1213: Speak to an SSA representative who can explain why your benefits were stopped and what actions you can take to appeal the decision.
- Visit your local SSA office: If you prefer, you can visit an SSA office in person to discuss your case and get assistance with filing an appeal or requesting reinstatement.
Step 7: Consider Getting Help from a Disability Advocate or Attorney
Navigating the appeals process and gathering the necessary documentation to reinstate your benefits can be challenging. A disability advocate or attorney can help you:
- Understand the specific reason your benefits were stopped.
- Gather the necessary medical and work history evidence.
- Represent you during hearings or in meetings with the SSA.
Having legal help can improve your chances of a successful outcome, especially if you are dealing with complex issues or if your case is under appeal.
How Hogan Smith Can Help
If your disability benefits were stopped and you need help getting them reinstated, Hogan Smith can assist you with:
- Appealing the SSA’s decision: Guiding you through the appeal process, from requesting reconsideration to requesting a hearing.
- Gathering medical records: Helping you collect the necessary medical documentation to support your case.
- Representing you in hearings: If you need a hearing with an ALJ, we can represent you and advocate for your reinstatement.
Contact Hogan Smith Today
If your disability benefits have been stopped and you want to get them back, Hogan Smith is here to help. Contact us for a free consultation, and let us help you navigate the process to get the benefits you deserve.
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