Navigating Job Loss After SSI Discontinuation

December 26, 2023

By Steve Fields
Principal Attorney

The Social Security Administration’s Supplemental Security Income (SSI) program has strict income requirements. If a beneficiary happens to be earning more than the threshold limit, the Social Security Administration (SSA) will discontinue their benefits. But what happens if they lose their job after the SSI discontinuation?

SSI beneficiaries who have their benefits discontinued have the option to either reapply for their benefits or apply for expedited reinstatement, which essentially fast-tracks the application process. 

Read below to find out more about expedited reinstatement and whether you qualify for it. 

SSI Financial Requirements

The Supplemental Security Income, also known as SSI, is a government benefit program that is managed by the Social Security Administration. Its primary purpose is to offer necessary financial assistance to individuals who are in need of it. For monthly SSI benefits, you need to meet certain requirements, such as: 

  • be 65 or older,
  • be blind or disabled,
  • be a U.S. citizen or lawful resident,
  • have minimal income and assets

To be eligible for SSI in 2023, a person may have an income of up to $914 a month or $1,371 per month for couples if both partners are beneficiaries. These are also the maximum monthly benefit payments that SSI beneficiaries can receive from the federal program; however, many states do provide additional payments to certain beneficiaries.

The definition of income is flexible, and there is a lengthy list of what forms of earnings, payments, and non-cash support are considered “countable income” by Social Security for SSI eligibility and payment calculations. 

In a similar vein, not all assets qualify as “countable resources” when determining eligibility for SSI. Generally speaking, countable resources consist of monetary and financial assets that can be converted into cash, including stocks, bonds, or property. 

They exclude, among other things, the house you live in, the car you depend on for mobility, and household items. For a person to be eligible, their countable resources must not exceed $2,000, and for a couple, they must not exceed $3,000.

These are only the most basic requirements for receiving Supplemental Security Income; each claim is reviewed individually by Social Security using a somewhat complicated process.

What Happens If You Face Job Loss After SSI Discontinuation?

If your SSI benefits were discontinued because you began working while receiving benefits and your income exceeded the SSI income threshold limit, but then you lost your job, you can obtain benefits again through expedited reinstatement. This means that if your income falls below the SSI income limit within five years of the discontinuation of benefits, you can skip the initial application procedure. 

Expedited Reinstatement (EXR) is exclusively accessible to individuals who have already been approved for and were receiving them in the past. It is not intended for individuals who have just become disabled and are in urgent need of benefits. 

If this is your situation, you should think about submitting an application for disability payments through a compassionate allowance or an expedited disability determination. To qualify for EXR, you must satisfy all of the following requirements:

  • You stopped receiving benefits due to employment earnings (excluding Trial Work Period income)
  • You lack the ability to perform Substantial Gainful Activity (SGA) during the month of EXR application
  • You are unable to continue to participate in SGA activities as a result of your impairment
  • This impairment is similar to, or the same as, the original impairment
  • You submit your expedited reinstatement request within five years of the month in which your disability benefits were discontinued

Keep in mind that in order to qualify for EXR, your inability to work must be directly or indirectly caused by the same or a strongly related disability that initially qualified you for SSD benefits. 

For instance, if you were granted benefits because you underwent a heart transplant but are now unable to work as a result of injuries received in a vehicle accident, you are not qualified to submit an application for expedited reinstatement of benefits. 

The two conditions, despite the fact that they both cause disability, are not related to one another. The vehicle accident would need an entirely new SSDI benefit application. 

But if you went back to work after a heart transplant but then had complications three years later that prevented you from going back to work again, you may apply for EXR because the new impairment is significantly related to the previous one.

Awaiting an Expedited Reinstatement Decision

When you request expedited reinstatement of benefits, your application must be routed via Disability Determination Services (DDS), which can take some time. Luckily, while you wait for an update on your EXR, Social Security will continue payment of your benefits for up to six months. 

If your request for expedited reinstatement is rejected, you will still be able to retain the benefits that Social Security provided you while your application was being processed. In addition, while you are waiting for a decision, you will be covered by Medicaid. Medicaid will end if your application is rejected.

Filing an Appeal Against a Denial of Expedited Reinstatement

In the event that your expedited reinstatement request is denied, you may submit a Request for Reconsideration within sixty days of receiving the denial letter. The DDS will review your application to determine whether or not it was processed incorrectly. 

The method of appealing this decision is comparable to the appeal process that is used for initial disability applications, i.e., it comprises the following stages:

Request for Reconsideration 

This is the initial stage of the appeals process. The DDS examiner re-evaluates your case to decide whether the decision was made in error. The vast majority of claims may get rejected at this stage. 

ALJ Hearing

If your request for reconsideration was rejected, you have the option to present your appeal in front of an Administrative Law Judge (ALJ) during a hearing.

Appeals Council Review

If the ALJ hearing was unsuccessful, you still have the option to request a review from the Appeals Council. The main responsibility of the Appeals Council is to verify the decision the ALJ made.

Conclusion

The Supplemental Security Income program is a lifesaver for many disabled individuals struggling to make ends meet. Fortunately, even after your SSI benefits get terminated due to income increases, you can reapply for benefits through expedited reinstatement.

Author

Steve Fields is the founder and managing attorney at Fields Law Firm. Since founding the firm in 2001 he quickly established a reputation with his Personal Injury clients for being a lawyer who truly cares.

Together with his experienced team of legal professionals, Steve ensures clients win their case, maximize their recovery while also looking out for their long-term interests, all backed with the firm’s Win-Win Guarantee®.

Fields Law currently handles cases for Personal Injury, Workers’ Compensation, Long Term Disability, Social Security Disability and Consumer Rights and has grown to be one of the largest injury and disability law firms in the nation.

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