How Long Can You Be on Social Security Disability?

Injured workers have the option to apply for Social Security Disability benefits for long-term disabilities. Compensation under this program will typically last as long as you are disabled. However, certain circumstances can make you ineligible to continue receiving benefits.

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When Social Security Disability Benefits Will Stop

As long as you remain disabled under the Social Security Administration’s (SSA) definition, you will continue to receive benefits. However, the following are some scenarios when SSDI benefits stop:

Retirement Age

Once you reach the retirement age of 65, your benefits will stop. At that point, you can switch over to retirement benefits. The number of your benefit payments will typically remain the same.

You Aren’t Disabled

If your condition improves and is no longer debilitating enough to prevent you from working, your benefits will end. When your condition improves, or you return to work, it is your responsibility to report the change.

Too High of Income

When receiving SSDI, there are limits on the amount of income you can earn, which for nonblind SSDI claimants is $1,310 per month. If you make over that amount, you are ineligible to receive benefits because you are considered to be working at a “substantial” level. SSDI recipients who are blind have an earned income limit of $2,190 per month.

Continuing Disability Reviews

SSDI cases are periodically reviewed to verify that recipients are still disabled. The frequency of the continuing disability reviews (CDR) will depend on the nature and severity of your medical condition. For example:

  • After 6 to 18 months, if your condition is expected to improve.
  • About every 3 years if the improvement is not predicted but is possible.
  • Every 7 years if the improvement is not expected.

The initial award notice will notify you of when the first medical review will occur. In addition, a CDR can be triggered if you return to work, you inform the SSA your condition has improved, the medical evidence indicates your condition improved, a third party notify the SSA that your treatment protocol is not being followed, or a new treatment for your condition has been introduced.

Trial Work Programs

SSDI recipients must notify the SSA if they become self-employed or take a job, no matter how little money is earned. However, claimants are entitled to a nine-month trial work period (TWP) during which they will still receive full SSDI benefits. During this time, the individual can make a conscious decision if working is right for them without risking their benefits. These nine months do not have to be consecutive, but once they are used, the trial work period is over.

The SSA will review the recipient’s income to determine if it is “substantial,” or over $1,310 a month for nonblind individuals. After the TWP, claimants who are still disabled can begin a 36-month Extended Period of Eligibility (EPE) and still receive benefits in months that they do not earn money beyond the income limit.

Another work program available for SSDI recipients between the ages of 18 through 64 is Social Security’s Ticket to Work Program (Ticket). The Ticket Program connects people with disabilities with free employment services and support, such as training, to move toward financial independence and succeed at returning to work.

If you or a loved one are having trouble getting your social security disability benefits, contact LaBovick Law Group today to get the benefits you deserve.

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Premises liability

PREMISE LIABILITY

$450,000

James was searching for equipment for painting at Home Depot. In the aisle next to him, there was a worker on a lift stocking the highest shelf. The worker pushed boxes so far across the shelf that they fell off the other edge and hit James in the head. The force almost knocked James unconscious. He sat down and the loud bang got the worker off the ladder to see what fell. When they saw James they offered him a bucket and made a report. James did not recall leaving the store or how he got home. He did not recall much except being at home depot and getting hit in the head. Home Depot told him that it was a small box of dust masks that hurt him. We discovered it was actually a large box of emergency kits that fell off the shelf.

Personal injury

PERSONAL INJURY

$850,000

In this case, our client slipped and fell on water that had accumulated near the hot tubs/showers on the Lido deck of a major cruise line ship. The client suffered torn ligaments to her shoulder that required 2 arthroscopic surgeries. The cruise line took the position that the condition on the floor was open and obvious.

Premises liability

PREMISES LIABILITY

$980,000

Georgia was visiting a friend in the hospital when she walked out of the elevator and into her friend’s room. As soon as she entered the room she slipped on a newly mopped floor without any wet floor sign present. The floor was so wet that Georgia’s entire outfit was soaked. Because of the muted tile floor, the water was invisible. Georgia needed a back operation which was unsuccessful and caused her to slip into a coma. She luckily survived.

Motor vehicle accident

MOTOR VEHICLE ACCIDENT

$1.1 MILLION

AUTOMOBILE REAR END COLLISION

Rodrigo was driving his work truck home when he was rear-ended at a stoplight. Rodrigo needed a fusion of his thoracic spine. A terrible and complex operation. Unfortunately, while Rodrigo was undergoing the spinal operation, one of his children died and he was unable to be with his grieving wife. It was a tragic case that eventually settled.

Bicycle vs car accident

BICYCLE VS CAR ACCIDENT

$1.45 MILLION

David was a teacher at a local high school. He rode his bike to school in the morning and after school would ride another 10 miles for exercise. On a sunny afternoon on his way home an older driver turned right into him as he was riding down the street. He hurt his shoulder and neck and needed two operations. Defendant felt his injury was due to playing football 10 years earlier and would not provide him a fair or reasonable offer.

Car vs commercial truck accident

CAR VS COMMERCIAL TRUCK ACCIDENT

$3.4 MILLION

Joe was driving his 18 wheeler on the Florida Turnpike headed south after a long-haul run.  He was “bobtailing” which means he did not have a cargo trailer on the back of his truck rig.  A drunk driver lost control of his car causing Joe to avoid the accident but drive off the highway and into a canal.  He was injured in the accident but also witnessed a child die when he climbed out of the truck and came to the accident site.  There the injured child was trapped under the car and he was powerless to save the child before it passed.

Auto accident T-Bone

AUTO ACCIDENT T-BONE

$4.5 MILLION

Xao, a Vietnamese immigrant was driving home after work at night to see his pregnant wife. He stopped at a 4-way intersection and looked both ways. He did not see anyone in either direction. As Mr. X when through the intersection he was hit on the passenger side door by a mid-sized black SUV driving without their lights on. Mr. X was catastrophically injured.

Personal injury

PERSONAL INJURY

$8.2 MILLION

This was a hard-fought pedestrian accident case, in which our client was struck by an SUV driven by a teen driver, as they attempted to cross North Military Trail in West Palm Beach, FL. As a result of the accident, our client suffered numerous fractures, partial loss of vision and frontal lobe brain injury that affected his speech, and other personal injuries that required him to be hospitalized for 58 days.

At the time of the accident, our client was a cashier at Walmart and has been unable to return to work.

“This case is the epitome of what we consider part of our Core Culture and broad vision – which is to be Warriors for Justice,” stated Brian LaBovick. “Mr. Jacobus has serious permanent injuries and will continue to fight to regain his life into the foreseeable future. This verdict will allow him to get the professional help he needs to safely navigate the rest of his life.”

Medical malpractice

MEDICAL MALPRACTICE

$15 MILLION

Brain damages child due to medical negligence.  Mother was misdiagnosed upon entry to the hospital while under contractions.  The child was born severely disabled.