What Is The Five-Year Rule For SSDI?

If you are disabled and unable to work, Social Security Disability Insurance (SSDI) can be a lifeline. These monthly benefits can help you pay bills and living expenses when you are unable to earn an income.

Medical conditions and disabilities can be tricky. You may be disabled and then return to work because you’re feeling better. But then after a while, you may become disabled again.

This can be a frustrating situation. You know how complicated it can be to obtain benefits. Do you have to go through the entire process again?

The Social Security Administration (SSA) offers a process called expedited reinstatement, which is informally called the five-year rule. This process allows people who have already received disability benefits to reapply for benefits again within a five-year period without the need to go through the waiting period. While the SSA determines if you qualify for disability benefits again, you will receive benefits for six months.

The five-year rule makes things a bit easier for those who have worked intermittently but have a disability that prevents them from working. Keep in mind that expedited reinstatement is only available if you’re applying for benefits for a condition that is related to the condition that initially qualified you for benefits.

While the Social Security Administration figures out whether you qualify for disability benefits again, it can give you temporary benefits for up to six months.

Am I Eligible?

You may be eligible for expedited reinstatement if you are an SSDI beneficiary and:

• You’re unable to work.
• You’ve stopped receiving SSDI benefits due to excessive income.
• You are applying for SSDI benefits because of a condition that is the same or related to the one that initially qualified you for benefits.
• You’re filing for benefits within five years from the month that you stopped receiving benefits.

While you do not have to fill out the application again, you will likely have to complete a few of the SSA’s work incentives. This will keep you eligible for continued cash benefits until you can fully return to work.

If you’re eligible for expedited reinstatement, contact your local Social Security office. They’ll be able to help you apply and submit any work history and medical records. You will likely have to complete these work incentives:

• Trial Work Period (TWP): A TWP is designed to test your ability to fully return to work for nine months. During your TWP, you’ll continue to receive your full SSDI benefit payments, regardless of how much money you earn working.
• Extended Period of Eligibility (EPE): Once you’ve completed your TWP, you’ll begin your 36-month EPE. During this time, the SSA will continue to evaluate your earnings to determine benefits eligibility. The SSA will evaluate those earnings based on substantial gainful activity.

Learn More About Social Security Disability Benefits

Sometimes people get disabled, are able to work again, and then become disabled again. If this happens, the SSA makes the process a little easier.

A White Plains Social Security Disability lawyer from The Law Office of Michael Lawrence Varon can help you if you are suffering from a disability. We’ll make sure you understand the rules and processes. Call (914) 228-1770 or fill out the online form to schedule a consultation.

Source:

nerdwallet.com/article/investing/social-security/social-security-disability-5-year-rule