If you need help understanding the question, “What is the five-year rule for Social Security disability?” our team of experienced SSDI attorneys can help.
The five-year rule for Social Security Disability refers to a provision that can significantly impact individuals seeking to reapply for disability benefits. Officially known as expedited reinstatement (EXR), this process allows individuals who have received Social Security Disability Insurance (SSDI) benefits within the last five years to bypass certain claim requirements when reapplying for benefits.
The Social Security five-year rule is designed to simplify the process for those whose medical conditions have recurred or worsened, allowing for faster reinstatement of benefits.
How Does the Social Security Five-Year Rule Work?
The five-year rule applies to individuals who previously received SSDI benefits but stopped receiving them because they returned to work. Under this rule, if you can no longer work due to the same or a related condition, you can reapply for SSDI without undergoing the full claim process again.
This rule allows for the resumption of benefits more quickly, without the five-month waiting period typically required for new SSDI applicants.
Qualifying for Expedited Reinstatement
To qualify for expedited reinstatement under the five-year rule, you must meet the following conditions:
- You stopped working due to a medical condition: You were receiving SSDI benefits but lost them because you went back to work, and your income exceeded the substantial gainful activity (SGA) limit.
- The medical condition is the same or related: The condition that now prevents you from working must be the same as, or related to, the condition that initially qualified you for SSDI benefits.
- Your benefits ended within the last five years: You must apply for reinstatement within five years from the month your SSDI benefits were terminated.
If you meet these criteria, you could get temporary benefits for up to six months, during which time the Social Security Administration (SSA) will review your case to determine if you still qualify for SSDI benefits.
What Should You Complete Before Reapplying?
Before reapplying under the Social Security five-year rule, you should complete the SSA’s work incentives that are designed to help individuals ease back into work while keeping SSDI eligibility. These work incentives include:
Trial Work Period (TWP): SSDI beneficiaries have the opportunity to work for up to nine months while continuing to receive their full benefits.
Extended Period of Eligibility (EPE): After completing the TWP, the EPE provides a 36-month period during which you can still receive SSDI benefits if your earnings fall below the SGA threshold.
What is the Five-Year Rule for Social Security Disability? We Can Help
Understanding the five-year rule for Social Security Disability is essential if you are considering reapplying for SSDI. This rule offers a streamlined process for those unable to work due to a recurring or related medical condition, allowing you to resume benefits more quickly than if you had to start the process from scratch.
If you are uncertain about your eligibility for expedited reinstatement or need guidance navigating the reapplication process, Culbertson, Jacobs & LaBoda is here to assist you. Our team specializes in Social Security law and will assist in making sure all requirements are fulfilled and your medical records are properly organized. We will work to expedite the reinstatement process for your benefits.
Contact Us Today
Let our experienced attorneys help you pursue the benefits you deserve without the hassle of delays or unnecessary denials. Your financial security is our top priority, and we are dedicated to supporting you every step of the way. Contact us today to schedule a consultation.