Reinstatement of Benefits

WHAT IS EXPEDITED REINSTATEMENT (EXR)

A process that allows a claimant to have his/her prior Social Security disability benefits restarted, in lieu of fling a new application for benefits.
Promulgated under Code of Federal Regulations §404.1592b

WHO IS ENTITLED TO EXR (404.1592C)

If claimant was previously entitled to disability benefits under claimant’s own record of earnings and/or as a disabled widow/widower.
SSA terminated claimant’s prior benefits due earnings (e.g., returned to work).
Claimant files a timely request for EXR (i.e., within 5 years of prior termination date).
Claimant is not able to work due to a medical impairment. The current medical impairment is the same as or related to the impairment that SSA used to approve the prior disability benefits.
Claimant is determined disabled under the “medical improvement review standard.”

CLAIMANT MAY REQUEST FOR EXR OF PRIOR BENEFITS, IF:

Claimant stopped doing substantial gainful activity within 60 months of prior termination of benefit date.
Claimant is unable to work because of a medical condition.
Claimant’s current medical impairment is the same as or related to the prior medical impairments.
Claimant submits a written request for EXR within 60 months of the prior termination date.
Claimant must be determined to be disabled – SSA will use the “medical improvement review standard” to determine whether claimant is disabled. The advantage to the “medical improvement review standard” is that SSA will find continuing disability unless there is evidence that claimant’s medical impairment has improved.

HOW TO FILE THE EXR REQUEST

Claimant must make a writing request for EXR.
SSA must receive the written request within 60 months of when claimant’s prior disability benefits terminated due to work activity. That 60-month timeline may be extended with a showing of “good cause.”

EXR BENEFITS

SSA may pay claimant “provisional” benefits up to 6 months while SSA makes a determination of the EXR request.
Claimant may receive up to 12 months of retroactive benefits from the date claimant files the EXR.
When EXR benefits are reinstated, Medicare and/or dependent benefits will also be reinstated.