By Brett McArthur, Attorney at Law
At the McArthur Law Office, I get at least two or three calls a month from people who are in full-on panic mode because they just received a letter saying their Social Security disability benefits are getting cut off. And let me tell you, it’s not pretty.
Usually, the conversation goes something like this:
Me: “This is Brett, how can I help?”
Caller: “I got this letter from Social Security saying I’m not disabled anymore. Are they nuts? I’m in worse shape than when I first applied!”
Me: “Well, let’s go over the details. What does the letter say?”
Caller: “They say I’ve magically improved and can appeal if I disagree, but I don’t understand. I’ve been on new meds that knock me out, and I worked a little for my brother-in-law last month, but that was it.”
Me: “Okay, did this happen before or after you got out of jail?”
Caller: “Funny you ask—right after. But I got out last week, and the letter is dated from a month ago…”
Sound familiar? Many folks spend years going through the tough, bureaucratic maze of getting approved for disability benefits. Then, BAM! A letter shows up threatening to take them away for reasons that aren’t always clear. Unfortunately, this is an all-too-common scenario.
So, in the spirit of keeping you informed, here are 10 ways to lose your Social Security disability benefits—and, more importantly, how to avoid doing so.
1. Work Recovery
You’re feeling a little better, and you start working again. Great! But wait—there’s a catch. If your earnings hit a “substantial” level after your 9-month Trial Work Period (TWP), Social Security might stop your benefits. In 2024, that magic number is $1,550 a month. If you’re earning more than that, your benefits could be suspended.
Pro tip: Keep track of your hours, your monthly earnings, and any accommodations your boss makes for your condition. If your job isn’t “competitive”—meaning you’re getting special treatment because of your limitations—Social Security has to factor that in. Don’t let them assume you’re Super(wo)man if you’re not!
2. Medical Recovery
You’ve been faithfully taking your meds, attending therapy, and—surprise!—you’re starting to feel better. Then, Social Security sends a letter saying your condition has improved enough that you’re no longer considered disabled. Boom, benefits gone.
Pro tip: Talk to your Advanced Practice Registered Nurse (APRN) or doctor regularly about your ongoing limitations. Even if you’re feeling relief from treatment, make sure it’s documented that you still have functional restrictions. Without this, Social Security might think you’re ready to run a marathon.
3. Death
Now, this is one we really don’t recommend trying at home. If you die, your benefits are terminated. It’s hard to argue with that logic.
Pro tip: Make sure your family knows about any possible survivor benefits they might be entitled to. Just because your disability benefits end doesn’t mean Social Security closes the door entirely.
4. Conversion to Retirement
When you hit full retirement age, your disability benefits do a magical little shuffle and turn into retirement benefits. It’s not a loss per se, but it is a switcheroo.
Pro tip: You’re not losing money here, but if you have questions about how retirement affects your overall income, give us a call. We can help untangle that spaghetti.
5. Marriage
Love is in the air… but if you’re a disabled widow(er) or a disabled adult child, marriage might take away more than just your single status—it can also terminate your benefits.
Pro tip: Before you get hitched, make sure you know what effect it will have on your benefits. I’d hate to say, “I told you so,” on your honeymoon.
6. Other Disability Benefits
If you start receiving workers’ compensation or other disability payments, your Social Security benefits could be reduced. They don’t want you double-dipping into the benefits pool.
Pro tip: Notify Social Security of any other benefits you’re receiving so they can calculate things correctly. Miscommunication can lead to overpayments, which they’ll definitely want back later.
7. Outstanding Arrest Warrant
Got an outstanding warrant for a felony? Yeah, Social Security doesn’t look too kindly on that. You can kiss your benefits goodbye until you clear things up.
Pro tip: If you’re in this situation, it’s best to resolve it ASAP. The longer it drags out, the longer your benefits will be suspended.
8. Incarceration
If you’re incarcerated for more than 30 consecutive days, your benefits will be suspended. You can’t collect disability payments while behind bars.
Pro tip: If you’re facing more than a month in jail, notify Social Security to avoid an overpayment. If you get out and still qualify for benefits, they’ll resume—but they’ll want back anything you weren’t supposed to receive while locked up.
9. Getting Caught Lying
This should be obvious, but let’s say it anyway: if you’re caught lying about your condition, your benefits will vanish faster than you can say, “I’m cured!” Social Security takes fraud very seriously.
Pro tip: Always be honest with your doctors, your lawyer, and the SSA. If there’s a change in your condition, report it. We can help you navigate those changes without losing everything.
10. Forgetting to Appeal
Let’s say you get one of those dreaded letters saying your benefits are being terminated, and you don’t appeal. Well, that’s an easy way to lose them for good.
Pro tip: Don’t ignore that letter! If you disagree with Social Security’s decision, you have the right to appeal. The clock starts ticking the moment you get the notice, so act quickly. And guess what? We can help with that, too!
At the McArthur Law Office, we’re here to help you hang onto your benefits for as long as you need them. If you’ve received a termination letter or have questions about protecting your disability benefits, give us a call at 402-421-8333. We’ve got your back—even if Social Security doesn’t.
