Summary
Learn what to do if you returned to work, stopped receiving disability benefits, and are now unable to continue working because of your health. This article explains Expedited Reinstatement (EXR) and why every situation should be carefully evaluated.
Many people who receive Social Security Disability benefits eventually try returning to work. Unfortunately, sometimes this return to work is short-lived because the person’s health worsens again, forcing them to stop their work attempt. If that happens, you have options that should be carefully considered. .
One option is called Expedited Reinstatement, often shortened to EXR.
What Is Expedited Reinstatement?
Expedited Reinstatement allows some people to restart their Social Security Disability benefits without having to go through the entire disability application process again. Generally, you may qualify if:
1.You previously received Social Security Disability Insurance benefits (SSDI) or Supplemental Security Income disability benefits (SSI).
2.Your benefits stopped because you returned to work and earned too much money.
3.You became unable to continue to work because of the same medical condition (or a closely related condition) for which you originally received disability benefits.
4.You request reinstatement within five years after your disability benefits ended.
If approved, your benefits can begin again without having to go through the entire application process. But, if you have new disabilities or different diagnoses – Expedited Reinstatement can be a trap. You will need to file a new application to raise any new medical issues.
Why Filing a New Application Is Important.
Many people assume that filing for Expedited Reinstatement is all they need to do. Unfortunately, that is not always the best approach. When Social Security reviews an Expedited Reinstatement request, they are looking to see whether you became disabled again because of the same (or closely related) condition that previously qualified you for benefits. However, if your health problems have changed, EXR is not the right path to benefits. For example, maybe you originally received benefits because of a back injury, but now you are unable to work because of heart disease, cancer, multiple sclerosis, or another completely different condition. In those situations, relying only on Expedited Reinstatement could create problems. The right action would be to file for EXR and a new application for disability benefits. Having both claims pending can protect your rights and provide another path to benefits if one claim is denied.
Tell Us Immediately if You Filed for Expedited Reinstatement.
This is extremely important! Sometimes clients contact our office after they have already filed paperwork with Social Security on their own. If you have filed an Expedited Reinstatement request (or even think you may have) you should tell us right away.
If we are unaware that an Expedited Reinstatement claim is pending, we may treat your case as a standard new application. That can create serious problems.
For example, if Social Security later decides that your current condition, though disabling, is not the same as, or closely related to, the impairment that led to your original disability benefits, your Expedited Reinstatement request could be denied. In this instance, even though Social Security agrees you are disabled, if a new application was not also filed at the same time, you could lose out on months of benefits that might otherwise have been available.
Simply put, knowing that an Expedited Reinstatement request has been filed helps us make sure every possible avenue to benefits is protected.
Every Situation Is Different
Expedited Reinstatement can be an excellent tool, but it is not always enough by itself. The best strategy depends on your medical conditions, work history, and the circumstances surrounding your prior claim.
If you previously received Social Security disability benefits (either SSDI or SSI), have returned to work and are now unable to continue because of your health, contact our office as soon as possible. And if you have already spoken with Social Security or filed any paperwork on your own, please let us know immediately. A simple conversation today could help prevent the loss of important benefits tomorrow.
