Is a disability preventing you from working on a full-time basis? You may be entitled to financial support through the Social Security Disability Insurance (SSDI) program. As a general policy, there is a waiting period after your disability onset date to start getting benefits. However, a specialized process for expedited reinstatement exists for those who have already received SSDI benefits within the most recent five years. In this article, our Arkansas Social Security disability attorney provides a comprehensive guide to the SSDI five year rule.
Background: A Five Month Waiting Mandatory Period for SSDI Benefits
As a starting point, it is useful to know that you typically cannot get SSDI benefits immediately after your disability onset date. Federal regulations set a five-month mandatory waiting period for benefits. To be clear, the five-month period starts after the onset of a disability. It is intended to ensure that benefits are only extended to those with long-term, qualifying disabling medical conditions. Broadly speaking, an applicant for SSDI benefits in Arkansas must wait five months from the date their disabilities begin before they can actually receive their SSDI benefits.
Five Year Rule: Expedited Reinstatement
If you already received SSDI benefits in the recent past, you can restart your benefits without worrying about the five-month waiting period. Under Code of Federal Regulations § 404.315 (4)(i), a five-year rule applies. It is also referred to as expedited reinstatement. The provision allows former beneficiaries to request reinstatement of their benefits within five years of their benefits ending. They are not required to undergo the entire application process again. Further, if approved, they can receive temporary benefits for up to six months while their medical eligibility is reviewed.
Note: The reason expedited reinstatement exists is to allow people to attempt to re-enter the workforce without the worry that they will lose access to SSDI benefits if they are not able to successfully do so.
What to Do to Apply for SSDI Benefits Based on Expedited Reinstatement (Five Year Rule)
To apply for SSDI benefits through the Social Security Administration (SSA) expedited reinstatement provision, a person should first confirm that they are within the five-year eligibility window since their benefits stopped. From there, an applicant should contact the Social SSA to initiate the process and provide documentation that their disability has worsened or continues to meet SSA’s criteria. Some of the required documentation includes:
- Proof of recent SSDI benefits (within the last five years); and
- Medical evidence proving the existence of qualifying disability.
Schedule a Free Consultation With an SSDI Lawyer in Arkansas
At Gallo Cazort & Co. Law Firm, our Arkansas Social Security disability attorneys are committed to fighting for the maximum benefits for clients. If you have any questions or concerns about the SSDI five year rule, we are here to help. Call us now or contact us online today for a no cost, no obligation case review. From our Rogers office, we handle SSDI claims throughout all of Northwest Arkansas.