You may even qualify for expedited reinstatement of your benefits.
Social Security Disability Insurance (SSDI) benefits are available for individuals who are unable to work due to a disability. To qualify, you must have paid into the system and your disability must be expected to last for 12 months or longer, or to be terminal. In other words, SSDI benefits are not meant for short-term disabilities.
However, there may be some situations where you are approved for disability benefits and then are able to resume some level of work due to a change in your medical condition. If your health then worsens, leaving you unable to work, you may be able to have your SSDI benefits reinstated. A SSDI benefits lawyer can help you with the process.
If your disability benefits have stopped, then you will be required to re-apply for SSDI based on your current disability. This is required even if your current health condition is the same as the one that originally qualified you for benefits. However, in these situations, you will not have the standard 5 month waiting period before your disability payments are processed. It may still take months for your application to be processed, but if you are approved, you will not be subjected to the waiting period to receive your benefits.
You may be eligible for expedited reinstatement of your benefits if your SSDI benefits were terminated because you started working again and earned too much money to qualify for benefits. If you qualify for expedited reinstatement, then you will not have to reapply. This typically results in receiving benefits much more quickly than you would if you had to apply for benefits again. To be eligible, your benefits must have stopped because your income exceeded the allowable amount (known as substantial gainful activity, or SGA). If your earnings fall below the SGA level within 5 years of termination of benefits, then they can be reinstated through this process. In addition, you must be eligible for SSDI based on the same disability for which you originally received benefits, and your medical condition cannot be better than what it was when you applied for SSDI initially.
The process of applying for SSDI benefits — including re-applying for benefits — can be complicated. Working with a SSDI benefits lawyer can help make the process smoother. Your attorney can assist you with an initial application, explain how SGA works, and help you get expedited reinstatement if you need to go back on disability after being off of it for a period of time.
At PLBH, we advocate for individuals who are unable to work due to a disability. We use our experience and knowledge of the process to help our clients get the benefits that they are entitled to under the law. To learn more or to schedule a consultation with a member of our team, reach out at (800) 435-7542 or info@plblaw.com.