Get Disability Benefits Back Using Expedited Reinstatement

If your Social Security benefits were terminated because you went back to work, you may be able to get them reinstated quickly.

By , Attorney UC Law San Francisco
Updated by Diana Chaikin, Attorney Seattle University School of Law
Updated 6/03/2024

People who receive disability may find that their payments are terminated if they take a new job and earn enough money that they're no longer eligible to receive benefits. In many cases, however, this new period of employment is short-lived, and they may need to go back on disability after returning to work.

Fortunately, Social Security allows for expedited reinstatement of benefits in many circumstances. Rather than facing the daunting prospect of applying for disability benefits all over again, expedited reinstatement lets you get your suspended benefits restarted without having to reapply.

How Does Expedited Reinstatement Work?

The mechanics of expedited reinstatement depend on whether you were receiving Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). SSDI is a benefit paid to disabled people who've contributed enough to Social Security by way of payroll taxes, while SSI is a needs-based benefit available to low-income households.

Expedited Reinstatement of SSDI Benefits

The most common reason why SSDI recipients have their benefits terminated is that they're working at or above the level of substantial gainful activity (SGA) for a while. SGA is the amount of money you can earn—around $1,550 per month—that Social Security considers to be evidence of full-time work. Because the agency's definition of disability means being unable to work full-time at any job, earning more than that amount signals that you may no longer be disabled.

Social Security provides a nine-month window called a trial work period where you can earn above SGA and still receive SSDI benefits without interruption. After the trial work period ends, you enter an extended period of eligibility where you can receive SSDI only in any month where you're earning less than SGA. But if you earn above SGA during this period, Social Security will terminate your benefits.

When this happens, you have five years from the date you stopped receiving SSDI to apply for expedited reinstatement. In order to qualify, you must have stopped working because of the same medical conditions for which you were originally approved for SSDI benefits, and your conditions can't have improved to the point that you're in better health than when you originally filed for disability. You can apply for expedited reinstatement by completing Form 371, Request for Reinstatement-Title II, and submitting it to your local Social Security field office.

Expedited Reinstatement of SSI Benefits

Social Security doesn't give as much leeway to people receiving SSI when it comes to disqualifying work activity. The agency will terminate your SSI benefits immediately if you start working and you have countable income above the SSI income limit.

As with SSDI, however, you can ask for expedited reinstatement of SSI benefits within five years of having your benefits terminated. If your income dips below the SSI income limit again within five years because you had to stop working due to your medical condition, you can get your benefits restarted without reapplying, provided all of the following are true:

  • your benefits stopped because your earnings from work put you above the SSI income limit (in 2024, $943 per month)
  • you're still considered disabled and unable to work at or above the SGA level
  • your current disability is the same as or is related to your original disabling condition
  • you meet the SSI asset and income limits, and
  • your disability must not have improved, as it relates to your ability to work, since your original SSI application.

To apply for expedited reinstatement of SSI benefits, you can complete Form 372, Request for Reinstatement-Title XVI, and submit it to your nearest Social Security office.

How Long Does it Take to Reinstate SSDI or SSI Benefits?

When you apply for expedited reinstatement of SSDI or SSI, your application will be processed by your state Disability Determination Services—which can take a while. You'll need to provide updated medical information to the agency for a claims examiner to review and come to a decision as to whether you still qualify for benefits.

Fortunately, Social Security will pay you benefits for up to six months while you wait for an answer on your reinstatement. And even if your application for expedited reinstatement is denied, you get to keep the benefits Social Security paid you while your application was pending.

Additionally, you'll be covered by Medicare (for SSDI recipients) or Medicaid (for SSI recipients) while you wait. But if your request is ultimately denied, your Medicare or Medicaid will stop.

How Can I Appeal an Expedited Reinstatement Denial?

If your request for expedited reinstatement is denied, you have 60 days from the date you receive your denial letter to file a request for reconsideration. Another claims examiner at Disability Determination Services will review your application to see if the original denial was made in error.

If you're denied a second time, you can appeal further by asking for a hearing in front of an administrative law judge. This process is very similar to the appeal process for initial disability applications. You can learn more in our articles on Social Security disability appeals.

What If My Social Security Was Terminated Following a Ticket to Work Program?

Social Security has a Ticket to Work program meant to encourage and support people with disabilities seeking to re-enter the workforce. It provides vocational training, job placement services, and other kinds of career planning help.

Disability recipients in the Ticket to Work program must abide by the same trial work and extended eligibility periods (for SSDI) and income limits (for SSI) as anybody else. So if you're enrolled in Ticket to Work and begin earning above the substantial gainful activity threshold, Social Security can terminate your benefits. However, you can also apply for expedited reinstatement within five years provided you meet the requirements outlined above.

Keep in mind that you can't begin a Ticket to Work program if you're already receiving benefits while you appeal a termination or reinstatement denial.

I Didn't Return to Work, So Why Would Social Security Suspend My Benefits?

Even if you haven't worked at all since you started receiving disability, Social Security can terminate your benefits if the agency determines that your condition has improved to the point where you could be expected to work. This is known as attaining "medical improvement" and may be assessed after you've attended a continuing disability review.

Other examples of situations where Social Security can terminate your benefits include aging out (for minors) or undergoing significant changes in your living situation. For more information, see our article on reasons why your Social Security benefits might stop.

Can I Get Social Security Disability Back Pay Following an Expedited Reinstatement?

If your application for expedited reinstatement of SSDI is successful, Social Security may award you up to 12 months of benefits retroactively, beginning from the date you requested reinstatement. You won't get benefits for any months in which you performed SGA, however.

Social Security doesn't award back pay for reinstatements of SSI benefits. Your eligibility for reinstated benefits begins with the month following the month in which you requested reinstatement.

Do I Need an Attorney to Get My Benefits Reinstated?

You don't need to hire a lawyer to help get your Social Security benefits back, but in certain circumstances it can be a good idea, especially if your request for expedited reinstatement has been denied. An experienced representative can help put your work attempts and medical records in context and can explain to a disability judge why you're still disabled.

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