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EXPEDITED REINSTATEMENT: IS THAT THE CLAIM YOU NEED?

by | Jan 28, 2022 | Firm News |

Expedited Reinstatements are in place for those who were previously awarded Social Security Disability benefits but went back to work. It might be that after attempting to work, your condition has now rendered you disabled again. If that is the case, you have 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.

An example of this type of claim involves a female claimant, who at age 35, was in a motor vehicle accident which caused migraines and resulted in her having a right hip replacement. She was granted disability benefits in 2015. The claimant continued to receive benefits until April of 2019 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 were stopped. She continued to work till October of 2021 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 had two options in filing for disability benefits. Since it was within 5 years from the date her benefits had ended, she could file an EXR; however, the claim would only be based on the same or related impairments for which she was previously awarded. This means that Social Security would only look at her right hip arthropathy, right hip replacement, and migraines to see if she was disabled. If those conditions continued to be her only severe impairments, then filing for an EXR would be her best option. Once she filed this claim, the Social Security office would pay provisional benefits, including receiving Medicare/Medicaid coverage until a decision was 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 new impairments such as she was now also having low back pain or her left hip pain now needed to be replaced, then her best option would be to file a new application. By filing a new application, all of her severe impairments would be considered and reviewed 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 or a new application, than please call one of the experienced disability 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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