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SSDI and SSI Expedited Reinstatement Summary

Expedited Reinstatement

• Provides another option for regaining entitlement to benefits when your benefits have been terminated due to work rather than filing a new application;
   

• Since January 2001, you can request reinstatement if you stop substantial gainful activity within 60 months of prior termination due to your medical condition.
   

• Your current impairment must be the same or related to prior impairment and you must be disabled.
   

• Social Security will use their “Medical Improvement Review Standard” that is used in their continuing disability review process to determine if you are disabled.

Who Is Entitled

 Under expedited reinstatement you can have your entitlement to benefits reinstated if:

1. You were previously entitled to a disability benefit on your own record of earnings as indicated, or as a disabled widow or widower as indicated, or as a disabled child as indicated, or to Medicare entitlement based on disability and Medicare qualified government employment;
    

2. Your disability entitlement as referred to above was terminated because you did substantial gainful activity;
    

3. You must file your request timely; and
    

4. In the month you filed your request you are not able to do substantial gainful activity because of your medical condition, your current impairment is the same/related to the impairment that was used as the basis for your previous entitlement and under the medical review standard you are disabled.
    

You are entitled to reinstatement on the record of an insured person who is or has been reinstated if you were previously entitled to:

     a spouse or divorced spouse’s benefit,

     a child’s benefit, or

     a Parent’s benefit.

Also, if you were entitled to benefits on the record when SS terminated the insured person’s entitlement.  You must request to be reinstated and meet the requirements for entitlement.  SS will determine that you are not able to do substantial gainful activity because of your medical condition and you certify that this is true.  You must not perform any substantial gainful activity in the month you file your request for reinstatement and you are determined disabled.

Individuals who were receiving SSI or who are blind are entitled to reinstatement of benefits if any of the above are true and if:

Your disability or blindness eligibility was terminated because of earned income or a combination of earned and unearned income.  You must also meet the non-medical requirements for eligibility.

Reinstatement is requested in a similar way for SSI individuals except that SS must receive your request within the consecutive 60 month period that begins with the month in which your eligibility terminated due to earned income, or a combination of earned and unearned income.

Your request must be received within the consecutive 60 month period that begins with the month in which your entitlement terminated due to doing substantial gainful activity.  If request is received after the 60 month period, you may be granted an extension if good cause.

You must make your request for reinstatement in writing, it must be filed on or after January 1, 2001, and you must provide medical information needed.

In sum, for individuals with disabilities who have been afraid of working because they were concerned about getting their benefits reinstated with little hassle if they were unsuccessful with employment, expedited reinstatement should help to allay their fears and encourage them to find a job.