Can I Sue if Social Security runs out?

Can I Sue if Social Security runs out?

By Hogan Smith

Updated 02/28/2025


Many people depend on Social Security benefits to help cover living expenses, especially if they are retired, disabled, or have low income. However, the concern of Social Security running out can be unsettling. The idea of Social Security running out of money has been discussed for years, and while it’s unlikely to fully “run out,” the system is facing financial challenges that could affect benefit payments in the future.



So, can you sue if your Social Security benefits are reduced or if there are payment issues? The short answer is no, not in the way you might expect. Here’s a breakdown of the issue and your options:

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Will Social Security Run Out of Money?

Social Security is funded by payroll taxes collected from workers and employers. The Social Security Trust Fund helps provide benefits to retirees, people with disabilities, and survivors of deceased workers. However, the Trust Fund is projected to face financial challenges in the coming decades, as the population ages and the ratio of workers to beneficiaries decreases.


The good news is that while the Social Security program may face funding shortfalls in the future, it is not likely to completely run out of money. According to projections, if no changes are made, Social Security could pay around 75% of benefits starting in the 2030s. This means that while benefits may be reduced, they will not disappear entirely.


Can I Sue the Government Over Social Security Benefits?

Unfortunately, suing the government directly over Social Security benefits is not a viable option in most situations. Social Security is a federal program governed by strict laws and regulations. If you disagree with a decision related to your Social Security benefits—such as a denial of benefits, an error in payment, or a reduction in benefits—you cannot file a lawsuit in the traditional sense to address these issues.


However, there are legal processes in place to contest decisions and address payment issues, such as appealing the decision or requesting a reconsideration if your claim for benefits was denied.


What Can You Do If Social Security Benefits Are Reduced or Denied?

While you cannot sue the Social Security Administration (SSA) directly, there are steps you can take if you are facing a reduction in benefits or your application for benefits is denied:


  • Request a Reconsideration: If your Social Security claim has been denied or if you feel your benefit amount is incorrect, you can request a reconsideration of the decision. The SSA will review your case again, and you may be able to provide additional evidence to support your claim.
  • Appeal the Decision: If your reconsideration is denied, you can request a hearing before an Administrative Law Judge (ALJ). During the hearing, you will have the opportunity to present your case and any additional evidence to support your claim for benefits.
  • Request an Appeals Council Review: If the ALJ denies your claim, you can request a review by the Appeals Council. This review will not involve a hearing, but it allows the SSA to reassess the decision based on any errors that may have occurred during the hearing process.
  • Take Legal Action: If all else fails, you may be able to take your case to federal court. This is typically a last resort after all the other appeal options have been exhausted. You would file a lawsuit in federal court to have a judge review your case and make a final decision.


Can Social Security Benefits Be Reduced or Stopped?

In some cases, Social Security benefits may be reduced or stopped. This can happen for various reasons:


  • Changes in Your Financial Situation: For Supplemental Security Income (SSI), benefits may be reduced if your income or resources increase.
  • Eligibility Issues: If the SSA determines that you are no longer eligible for benefits, they may stop your payments. This is common in SSDI cases if the SSA finds that you are able to return to work or your medical condition has improved.
  • Overpayments: If the SSA determines you were overpaid benefits, they may ask you to repay the excess amount, which could result in a temporary reduction in your payments until the debt is settled.


Will Social Security Benefits Be Enough to Live On in the Future?

As the Social Security Trust Fund faces potential shortfalls, it’s natural to be concerned about whether your benefits will be sufficient in the future. To ensure a stable financial future, it’s important to:


  • Diversify Your Income Sources: In addition to Social Security, consider saving for retirement through other means such as 401(k) plans, IRAs, and personal savings.
  • Stay Informed About Social Security: Keep up-to-date on changes to the Social Security program and potential reforms that could impact your benefits. You can monitor the SSA’s updates on their official website.


Can I Contact an Attorney for Help?

If you have experienced issues with your Social Security benefits or need assistance navigating the appeals process, it may be helpful to consult with an attorney specializing in Social Security law. They can guide you through the legal process, help you file appeals, and ensure that you receive the benefits you are entitled to.

How Hogan Smith Can Help

If you’re facing a problem with your Social Security benefits—whether they’ve been reduced, denied, or you’re worried about future cuts—Hogan Smith is here to help. Here’s how we can assist you:


  • Assistance with Filing Appeals: If your benefits have been denied or reduced, we can guide you through the appeals process and ensure that your case is properly presented to the SSA.
  • Representation in Hearings: If you need to attend a hearing with an Administrative Law Judge (ALJ), we can represent you, help present your case, and ensure all necessary evidence is submitted.
  • Legal Advice and Consultation: We can provide legal advice on how to navigate potential issues with Social Security benefits and help you explore other options to secure the benefits you deserve.

Contact Hogan Smith Today

If you are facing issues with your Social Security benefits or have questions about Social Security running out, Hogan Smith is here to provide expert legal advice and representation. Contact us today for a free consultation, and let us help you secure the benefits you need to protect your future.


Further Reading

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Updated February 10, 2025

A black and white icon of a newspaper on a white background.

Updated February 10, 2025

A black and white icon of a newspaper on a white background.

Updated February 10, 2025

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