BASIC (01-07)

DI 10115.035 Requirements for Reentitlement

A. Policy – reentitlement criteria

If a child whose benefits we terminated, again becomes disabled, we may reentitle the child without reestablishing dependency if he or she:

  • still meets the definition of child in RS 00203.001; and

  • has not married since he or she last became entitled to benefits, unless the marriage was void or annulled. (See RS 00203.015 and RS 00203.020.)

    NOTE: A marriage that ended by death or divorce precludes reentitlement. (For information on reinstating or reentitling a child’s benefits when a marriage is void, see GN 00305.125 through GN 00305.130 .)

In addition, the child must meet one of the following requirements:

  • has a disability which began prior to attainment of age 22 (before 01/73, the disability must have begun prior to age 18); or

  • had entitlement terminated prior to 10/72 due to adoption.

Effective 10/01/04, a child may be reentitled to childhood disability benefits (CDB) at anytime if the:

  • Previous entitlement to disability terminated because of SGA; and

  • Other reentitlement requirements are met.

If the previous entitlement to CDB terminated because of medical improvement, the 84th month time limit still applies.

Reference

DI 10505.001 Meaning of SGA and Scope of Subchapter

B. Policy – effective date of reentitlement

The effective date of reentitlement would be applied when:

  • The first month that a child can be reentitled to a monthly benefit is subject to the “throughout the entire month” requirement (discussed in RS 00203.010 and RS 00203.015) if the child is being reentitled on the E/R of a living wage earner (WE), and was not entitled to child's benefits on any earnings record (E/R) for 8/81 or any preceding month.

  • As in the case of initial entitlement, a child can be reentitled for months in the retroactive period in which the above requirements are met even though he /she no longer meets all of them. (See RS 00203.001.)

C. Policy- WE entitlement terminated

A child's prior entitlement may have been based on the WE's entitlement to a Disability Benefit (DIB) which has terminated because of cessation of the disability. If the WE has since died, or again becomes entitled to a DIB or Retirement Benefit (RIB), the initial entitlement provisions in RS 00203.001 apply instead of the reentitlement provisions in this section.

D. Policy - Medicare

A child reentitled based on a disability may also be reentitled to hospital insurance benefits and eligible for supplementary medical insurance once the requirements of the law are met (see HI 00801.146). See HI 00801.152 for instructions on counting prior months of disability entitlement towards the 24-month Medicare waiting period.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0410115035
DI 10115.035 - Requirements for Reentitlement - 11/06/2013
Batch run: 11/06/2013
Rev:11/06/2013