SSDI and expediting Disability Reinstatement
Can I have my SSDI benefit reinstated?
Social Security Disability Insurance (SSDI) is a wage replacement disability benefit given to disabled workers who have a severe health condition, who have paid employment taxes and have earned enough work credits to be considered insured and who are unable to work for at least 12 continuous months.
Many claimants receive Social Security Disability Insurance for months or years and decide that maybe they would like to attempt to return to work. Claimants may work for awhile, maybe successfully, and either become more disabled or decide that they overestimated their mental or physical capabilities and decide they are not able to continue performing substantial gainful activity.
So what happens to the claimant who was receiving Social Security Disability Insurance, returned to work, but now cannot continue to work? Can they reinstate their Social Security Disability Insurance benefits? Will they have to apply all over again and wait months or years to have their SSDI benefits restarted?
Who can have their SSDI application expedited for reinstatement?
There is good news for many claimants who lost their Social Security Disability Insurance benefits because they attempted to return to work and began performing substantial gainful activity (working more and making more money than the SSA allows). Claimants who decide they are not able to work have five years (60 months) to reinitiate disability benefits without filing a new disability application. The will require them to provide their current medical information.
The Social Security Administration (SSA) has created what they term an expedited reinstatement process for qualifying Social Security Disability Insurance claimants. The expedited process does not mean the claimant is GUARANTEED reinstatement; it simply expedites the disability review process.
Not all disability claimants who lost their benefits will qualify for expedited reinstatement (claimants who were determined NOT disabled by the SSA or whose income and resources rose too high for SSI, for instance, do not qualify). So who qualifies?
According to the Social Security Administration you may have your Social Security Disability Insurance benefits reinstated if you:
- Stopped receiving benefits because of earnings from work,
- Are unable to work or perform substantial gainful activity,
- Are disabled because of an impairment(s) that is the same as or related to the impairment(s) that allowed you to get benefits earlier, and
- Make the request within 5 years from the month your Social Security Disability Insurance benefits ended.
Will I get provisional SSDI payments while the SSA is processing my disability claim?
Yes, not only will the Social Security Administration expedite the review of your SSDI application, they will also provide provisional payments while you wait. These payments include your SSDI benefit payment and you medical coverage, which is Medicare for Social Security Disability Insurance claimants.
If you receive provisional payments from the Social Security Administration and they ultimately deny your SSDI request, under most conditions, you will not have to pay the payments back. Provisional payments are not paid indefinitely. They are paid for six months, up until you decide to return to substantial gainful activity, or you reach your full retirement age.
Contact the Social Security Administration at 1-800-772-1213 for more information or visit their website at www.ssa.gov.
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