Some disabling medical conditions that qualify for Social Security Disability benefits could subside long enough for the recipient to return to the workforce. If your disability later prevents you from working again, you might need to reapply for Social Security Disability (SSD) benefits. This is where Social Security Disability’s 5-year rule could benefit you and simplify the application process.
This rule allows recipients who once received disability benefits and returned to the workforce, and who reapply for benefits within five years, to bypass the mandatory waiting period. It also lets recipients receive conditional benefits for up to six months while a new application is pending. Most disability law firms offer a free SSD claim review. If you are reapplying for benefits, a Rutherfordton Social Security Disability lawyer can clarify how the 5-year rule affects your claim.
What Is the Usual Waiting Period for SSD Benefits?
The Social Security Administration (SSA) offers two disability benefits programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). To qualify for either program, you must have a medical or psychological condition that is expected to:
- Last for at least one continuous year
- Ultimately result in your death
- Prevent you from performing substantial gainful activity (SGA)
Assess your current situation and apply for the program that best describes your current circumstances. If you have a disability lawyer, they can do this for you.
In some cases, you could be entitled to concurrent benefits, which would allow you to receive SSDI and SSI benefits at the same time. Your disability attorney can help you investigate the possibility of concurrent benefits.
Social Security Disability Insurance (SSDI) Has a Five-Month Waiting Period
To qualify for SSDI benefits, you must have participated in the Social Security Disability program when you worked. You must also have worked long enough and recently enough to meet the SSA’s current guidelines.
If the SSA approves your SSDI application (this can take time), you still must contend with the waiting period between approval and your first benefit payment. This can create financial difficulty during the waiting period.
Supplemental Security Income (SSI) Does Not Have a Waiting Period
To qualify for SSI benefits, you must have a financial need and little to no resources or income. There is no waiting period with SSI. You do not need work credits or proof of participation in SSA insurance. Once the SSA approves your application, your benefits begin immediately.
Why Does Social Security Disability’s 5-Year Rule Eliminate the Waiting Period?
If you returned to work and are filing for benefits within a five-year period, you can skip the waiting period. This usually happens when you again face the same or a similar disabling condition. This process is called Expedited Reinstatement (EXR).
Per the SSA, the EXR program also allows you to:
- Not have to prove your disability again
- Start receiving SSDI or SSI benefits sooner
- Receive provisional SSDI or SSI benefits
The EXR program lets you attempt a return to work without compromising your ability to regain SSD’s medical and financial benefits if needed. If your condition reappears or worsens and you need to stop working again, you can do so without starting over as a new disability benefits applicant.
How Can You Prove You Qualify for the Five-Year Rule?
You can prove your work attempt with paychecks and other proof of income. Medical records can prove your initial disability and its recurrence. Your SSA records can prove you meet the five-year timeline. You can apply for EXR and provisional benefits:
- In person at your local SSA office
- By telephone at a toll-free number
- On the official SSA website
During the initial reinstatement period, you could get provisional benefits for up to six months while the SSA reviews your application. If the SSA denies your application, you can file an appeal. The appeals process can involve one or more stages. A lawyer can help you understand what to expect and how long an appeal can take.
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Do You Need a Lawyer to Apply for SSD or Get the Benefits of the 5-Year Rule?
You are not required to have a lawyer, but one with familiarity with SSD programs and guidelines could benefit your claim in many ways. They can navigate the SSA system, including obtaining, completing, and submitting the required forms and paperwork.
When a personal injury attorney represents you, they can also:
- Describe the EXR disability application process and guide you through each step
- Provide sound legal advice
- Collect documents that prove you previously qualified for SSD benefits
- Prove you still have the same disabling condition or a similar qualifying disability
- File a well-documented appeal if the SSA denies your initial EXR application
- Fight for continued SSDI or SSI benefits once provisional benefits end
Your lawyer can also monitor your application as it moves through the SSA system and provide ongoing updates on its progress.
Is it Worth Hiring a Social Security Disability Lawyer?
Hiring a lawyer could increase your chances of getting initial benefits, receiving EXR benefits, or appealing a benefit denial. Most attorneys will take on your claim on contingency, meaning they will:
- Cover any upfront costs related to your claim
- Not require a hefty retainer or charge hourly fees
- Receive compensation only if they get compensation for you
You will owe no legal or attorney fees if you do not get benefits. That makes hiring a lawyer risk-free. It also means you do not have to go through the disability process alone.
Find Out How Social Security Disability’s 5-Year Rule Could Benefit You
If you are applying for SSD benefits after working intermittently, Social Security Disability’s 5-year rule could streamline the application process. We can help you understand each phase and fight back with an appeal if the SSA denies your claim.
You do not have to navigate the reapplication system alone. Find out how hard our SSD lawyers will fight for you. Contact our consultation team at Farmer & Morris Law, PLLC, to get started today.