Millions of Americans rely on Social Security benefits, and most find themselves in a position where they cannot afford to lose their monthly checks. Unfortunately, there are a few situations in which the Social Security Administration can and will take away benefits from certain recipients. Here are a few of the situations where you could risk losing your Social Security benefits.
When a Disability Ends
Disability benefit payments under Social Security (Both SSDI and SSI) can stop at any time the Social Security Administration determines that you are no longer disabled. This can happen in two different ways: First, if you are able to make enough money to pass above a certain threshold earnings amount, then you will stop receiving disability benefits. For 2017, the amount is $1,170 per month for most people. Typically, you can work for a trial period of up to nine months without losing benefits, but after that, the test can disqualify you.
The other way to lose disability benefits is through improving medical condition. If the SSA decides that your health has gotten better, then it can determine that you are no longer eligible to receive benefits due to a disability. Typically, the SSA does a review at a certain time interval, which varies according to the expectation that your condition will or can improve.
If You Remarry While Collecting Spousal Benefits on an Ex-Spouse’s Work History
Divorced spouses can claim Social Security on their ex-spouse’s work history as long as they were married for at least 10 years. This provision provides spousal benefits so long as the ex-spouse is still alive, after which survivor benefits kick in. However, if you remarry, you are no longer entitled to receive spousal benefits based on the ex-spouse’s history. Instead, you can only collect spousal benefits based on your current spouse’s work record. This can have the effect of taking away Social Security spousal benefits for someone who remarries at 62 or later and has therefore already become eligible to take those benefits. However, this isn’t true of ex-spouse survivor benefits. With survivor benefits, you can still claim them even if you remarry, as long as you don’t get married again until reaching age 60.
When a Child Reaches a Certain Age
Certain children and those parents who care for them receive family benefits from Social Security, but those benefits hinge on the age of the child in question. Specifically, children of eligible workers who are under age 18, in high school and no older than 19, or disabled at some point before their 22nd birthday can receive child benefits under Social Security. Similarly, the worker’s spouse can receive benefits when caring for the worker’s child, so long as that child is under age 16 or disabled. Those spousal benefits are not determined by the spouse’s age.
Ron Fladhammer has over 20 years of experience representing individuals who have been denied Social Security Disability and Supplemental Security Income benefits. Our office hosts one of the only video hearing location sites in the state of Illinois, so there is no need to travel to any other location to have your hearing held. Our success rate is outstanding, and if your case is not approved, there are no attorney fees.