Gardberg & Kemmerly, P.C. Attorneys at Law



Were you previously awarded Social Security Disability benefits but went back to work? Perhaps after attempting to work, your condition has now rendered you disabled again. What are your options?

SSA has a program called Expedited Reinstatement (EXR) which allows claimants who have 1) stopped receiving benefits because of earnings from work; 2) are now unable to work or perform substantial gainful activity; 3) are disabled because of an impairment that is the same or related to the impairments in which they previously was awarded benefits; and 4) make a request for an Expedited Reinstatement within 5 years from the month their benefits ended.

A prime example of an EXR case is a female claimant at age 35 was in a motor vehicle accident which cause migraines and resulted in having a right hip replacement. She was granted disability benefits in 2008. The claimant continued to receive benefits till April of 2014 when she felt she had recovered sufficiently to work a sedentary job full time and wanted to pursue this work opportunity. Claimant worked over the substantial gainful activity limits and her benefits ceased. She continued to work till October of 2016 when the pain from her hip became severe again, and her migraines had returned for several months to the point she could not continue the job. This claimant has two options in filing for disability benefits at this point. Since it is within 5 years from the date her benefits ended, she can file an EXR, however, the claim will only be based on the same or related impairments she was previously awarded under. This would mean only for the right hip arthropathy, right hip replacement, and migraines. If those conditions remained to be her only severe impairments, then filing for an EXR would be her best option. Once she files this claim the Social Security office will pay provisional benefits, including receiving Medicare/Medicaid coverage, until a decision is made on the claim. These benefits can be paid for up to 6 months and usually do not have to be paid back should your claim be denied.

If during this time she had developed other impairments, such as, she is now also having low back pain or her left hip pain which now also needs replacement. Then her best option would be to file a new application so that all of her severe impairments would be considered, reviewed and evidence established to determine any limitations that would prohibit her from performing work activity.

If you have went back to work after receiving benefits, but are now no longer able to work, and believe your claim may qualify for Expedited Reinstatement than please call one of the experienced disability attorneys and representatives at Gardberg & Kemmerly, P.C. today at 251-343-1111 for a free consultation. Gardberg & Kemmerly specialize in helping the injured and disabled.

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