Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) recipients rely on these benefits to get by financially while they are unable to work. However, the Social Security Administration (SSA) might stop those benefits if you start working again and earn income above the substantial gainful activity (SGA) threshold. Fortunately, losing your benefits doesn’t mean you can’t get them back. You may qualify for SSI or SSDI reinstatement without having to file a new application if you meet certain criteria. While the SSA determines whether or not your benefits can resume, it will provide provisional benefits for up to six months.
Why SSDI Benefits May Stop
Some SSDI recipients eventually attempt to return to work, either because their condition improves or because their disability payments don’t fully cover essential living expenses. To support this, the SSA offers a trial work period (TWP), permitting you to work for nine months within 60 months without losing your SSDI benefits, regardless of how much you earn. After the TWP, a 36-month grace period, also called the extended period of eligibility, lets your benefits restart for any month you earn below the SGA limit.
However, once your income consistently exceeds the SGA threshold after these work incentives end, your SSDI benefits may be terminated. If you stop working again due to your disability within five years, you may be eligible for expedited reinstatement of benefits.
Why SSI Benefits May Stop
SSI is a needs-based program, so your eligibility is determined by your income and resources, not work history. Benefits may stop if you receive wages, gifts, or other income that pushes you over the monthly income limit. Having assets over the SSA’s savings limits, $2,000 for individuals or $3,000 for couples, will also lead you to lose your benefits. If your benefits end due to excess earnings or resources and your condition prevents you from working again within five years, you also may be eligible for expedited reinstatement.
How to Apply for Expedited Reinstatement of SSDI Benefits
If your SSDI benefits previously ended due to work earnings above SGA, but your disability worsens and stops you from working, expedited reinstatement may be an option. To apply, you must contact the SSA and request SSDI reinstatement within five years of when your benefits stopped. You’ll need to show that:
- You stopped working because of the same or a related disability
- You’re unable to perform substantial work again
- Your prior SSDI eligibility was terminated due to earnings, not medical recovery
The SSA will conduct a continuing medical review, but in the meantime, you may qualify for up to six months of provisional benefits, including cash payments and possibly Medicare, while your case is under review. If your request is denied, you won’t be required to repay those temporary benefits unless fraud is involved.
How to Apply for Expedited Reinstatement of SSI Benefits
Expedited reinstatement for SSI works similarly to SSDI, but the process is tailored according to SSI’s income-based rules. Those who lost their SSI because they exceeded earning and savings limits and cannot work again due to the same or a related disability can request expedited reinstatement through the SSA. As with SSDI, you must apply within five years of your benefits ending and may receive provisional benefits during your eligibility review period.
How Long Does Expedited Reinstatement Take?
Expedited reinstatement doesn’t offer instant approval, but if you are eligible, the SSA will begin temporary benefits within a few weeks of your request. These payments can continue for up to six months while your continuing medical review is conducted. The payment amount will be what it was when you were previously receiving monthly benefits, adjusted for any cost-of-living increases since then. If, during the six months, you reach full retirement age, your provisional benefits will stop, and instead, you will start earning regular retirement benefits.
Wait times vary depending on the SSA’s case backlog, how quickly they receive your medical records, and whether or now they need additional documentation. If approved, you can expect provisional benefits to end and for regular SSDI or SSI benefits to continue without interruption.
What Happens If Benefits Aren’t Reinstated?
A denied request will mean you stop receiving provisional benefits, and full monthly payments will not resume. The SSA will provide a written notice explaining why your claim was denied and what next steps are available. Generally, there are two options: You can appeal the SSA’s decision, or you can file a new application for SSDI or SSI benefits. You have 60 days from the date you receive the denial letter to file a request for reconsideration. If that is also denied, you can ask for an expedited reinstatement hearing in front of an administrative law judge (ALJ). If the ALJ denies the reinstatement hearing, you can take your case to the Appeals Council.
When to Contact an SSDI/SSI Attorney
If your benefits have stopped, you’re unsure whether you qualify for expedited reinstatement, or your request has been denied, contacting an attorney can help. Jeffrey Freedman Attorneys will review your case, discuss your options, gather the right documentation, and navigate the appeals or new application process with you. Reach out to our office to schedule an appointment with a trusted attorney.