11 Apr Social Security Disability (SSDI) Expedited Reinstatement
Recipients of Social Security Disability Insurance (SSDI) benefits at times are surprised to learn that the Social Security Administration (SSA) has terminated their benefits. One reason they have been canceled may be that the recipient of the benefits has started to earn too much money and the SSA terminates their benefits. In such a case, the recipient may be able to reinstate those benefits. This process is known as Social Security Disability (SSDI) expedited reinstatement.
Why Would My Benefits Be Terminated?
When an individual applies for disability benefits, they have to establish that their disability prevents them from working at or above the substantial gainful activity level (for 2017, the SGA was $1,170 per month). If you start receiving additional income that brings you above the SGA level, you could lose your SSDI benefits after a certain period of time. Specifically, if you keep working at the SGA level for over nine months, the SSA will assume you are no longer disabled and will terminate your benefits.
What is Expedited Reinstatement?
SSDI expedited reinstatement is a process where a recipient can reinstate their benefits without filing a new application. This is an option for recipients if their earnings fall below the SGA level again within five years after reaching it.
When Am I Eligible For Expedited Reinstatement?
Individuals must meet specific requirements to qualify for expedited reinstatement:
- The reason they stopped getting payments must be due to earning too much money when they returned to work.
- The individual must have requested the reinstatement within five years of when their SSDI benefits were terminated.
- The individual must have stopped working again due to a medical condition or disability that is either the same as or related to the condition for which they were originally receiving SSDI benefits.
- The individual cannot have experienced a medical improvement in their disability since their initial disability. Specifically, if an individual applies for expedited reinstatement of benefits, their application will go through their local disability determination services (DDS) office in their state of residence. The DDS will then review any relevant medical documentation to determine whether their disability is still as severe was it was when the applicant first was awarded benefits.
Will I Receive Benefits While Waiting on my Application?
Yes, SSA will pay you provisional benefits during the period when your application is pending prior to approval. These benefits will continue for six months. They will stop, however, if you engage in substantial gainful activity, if your application for expedited reinstatement is approved or denied, or if you reach your full retirement age. You will not have to repay provisional benefits received even if your application is denied.
Contact Us For Assistance
Termination of benefits under any circumstances is usually a tough situation. The experienced South Carolina SSDI attorneys at Klok Law Firm LLC can help walk you through any paperwork you receive and determine what options you have to work toward reinstatement of your benefits and if expedited reinstatement may apply.
Contact us today for a free consultation.