Talking About Family Court Proceedings

If you have applied for and finally been awarded Social Security disability payments, you are probably counting in this income as a part of your household. You do not want to lose these payments or do anything that will jeopardize them. Unfortunately, many people end up doing so by not realizing what will and will not put the payments at risk. Here are a few of the things that you will want to be aware of. Although you may not be able to do anything about a few of them, you will at least know that your benefit is potentially ending or changing.

Being Incarcerated

If you are convicted of a criminal activity and you will be incarcerated for longer than 30 continuous days, you may be at risk of having your benefits suspended during the time that you are retained. This is because the things that your benefit is designed to pay for are being met by a government institution. These things include the following:

• Food
• Shelter
• Clothing
• Medical care, etc. 

If your incarceration is only 30 days but spans more than one calendar month, you may not qualify for either month that is affected. This is something that you will want to make sure you discuss with an attorney that is well versed in Social Security disability law, because they may be able to minimize the time that you are without a benefit. It is your responsibility to report this information to Social Security, and failure to do so may result in you becoming ineligible for benefits in the future. 

If properly reported, your disability benefits should be reinstated the month following your release. Any dependents that receive a benefit off of your record should continue to get theirs even during the period that yours are suspended. 

Getting Better

Not everyone who receives Social Security disability will receive it for the rest of their life. If your disabling condition improves, and this improvement is related to your ability to work, Social Security may find that you are no longer disabled, and your payment may stop.

Social Security is required to conduct a continuing disability review every three to seven years depending on your status. During this review, your case will go back through a process that will be similar to the journey it took when you initially applied. This may include a review of your medical records, as well as an examination by a Social Security doctor. In order for your disability to stop, the examiner must be able to show that your improvement has resulted in a change or an increase in your residual functional capacity (RFC).

Earning Too Much Money

This review of your Social Security disability can also be triggered if you earn too much money working. Although you are allowed to earn some income, there is a limit on how much money you are able to earn while receiving disability. If you exceed more than $1,130, Social Security may feel that you have the ability to engage in a substantial gainful activity and your benefits may stop, although there are exceptions to this rule and you may not be able to even earn this much. 

This money is not to be confused with any funds that are earned during the "trial work period" that you may engage in if you are attempting to return to work. During this nine month trial period you may be able to work and receive your benefits, but if you are able to work successfully for nine months you will probably lose your disability altogether.

These are just a few of the things that may affect your benefit; there are others. Read any and all information that you receive from Social Security carefully; these things and rules that affect your benefit are usually clearly spelled out in the information that is sent to you. If you have any questions, discuss these with a Social Security disability attorney, such as Glen Cook Social Security Attorney. An attorney will have the knowledge and experience needed to give you an answer that is specific to your case.