Effective Dates: 09/30/2024 - Present Previous | Next

TN 12 (09-24)

DI 28057.001 Expedited Reinstatement (EXR) Overview

A. Introduction to EXR

The Ticket to Work and Work Incentives Improvement Act of 1999 added sections 223(i) and 1631(p) to the Social Security Act (Act) to allow previously entitled beneficiaries, whose entitlement ended due to work, (February 1996 or later) to request EXR of disability benefits or payments under Title II and Title XVI. EXR benefits became payable in January 2001 for Tittle II and February 2001 for Title XVI. A previously entitled beneficiary may become eligible for EXR if their medical condition no longer permits them to perform substantial gainful activity (SGA) within 60 months of their prior termination. EXR establishes a new period of disability with a new month of entitlement. EXR allows a claimant to receive up to 6 months of provisional benefits while the Social Security Administration (SSA) conducts a medical review to determine if the claimant qualifies for reinstatement of benefits. The claimant may also be eligible for Medicare or Medicaid coverage during the provisional benefit period.

B. Policy for Title II and Title XVI EXR eligibility

Effective April 17, 2017, new rules allow previously entitled beneficiaries to apply for EXR in the same month they stop performing SGA. Provisional benefits will begin the month after the request for EXR if the claimant stops performing SGA in the month of the EXR request. For requests filed prior to April 17, 2017, field office (FO) technicians must deny the request for EXR if the claimant performed SGA in the month of the EXR request.

1. Requirements for EXR eligibility

Previously entitled beneficiaries, whose entitlement ended due to work, are eligible for EXR if they meet all of the following requirements:

  • •

    are “not able” or “becomes unable” to work at the SGA level due to their medical condition,

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    are “not able” or “becomes unable” to perform SGA in the month of the EXR request,

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    stopped performing SGA and request EXR within 60 months of their prior termination,

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    have a current medical impairment(s) that is the “same as or related” to the original impairment(s), and

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    are under a disability based on application of the medical improvement review standard (MIRS).

Claimants are “not able” to perform SGA if, in the month of their EXR request or the following month, they do not work, or their work is not SGA.

Claimants “become unable” to perform SGA if, in the month of their EXR request, their work is SGA, but they stop performing SGA by the day they file their request. To meet the requirement of having become unable to perform SGA, they must also not perform SGA in the month following the EXR request.

NOTE: Claimants whose prior entitlement is a closed period of disability are not eligible for EXR.

C. Title II EXR policy

1. EXR requirements

Claimants previously entitled to disability insurance benefits (DIB), disabled widow(er) benefits (DWB), or an unmarried childhood disability benefit (CDB) whose monthly benefits terminated due to their own SGA must meet the requirements listed in DI 28057.001B in this section to be eligible for EXR.

NOTE: The EXR provision is applicable to a Medicare Qualified Government Employee (MQGE) beneficiary, which allows reinstatement of Medicare, even though we do not pay monthly benefits.

2. Claimant with prior EXR technical denial

If we deny a request for EXR for failure to meet the non-medical requirements for EXR (not filed within 60 months, etc.) we may apply the principles of res judicata to a subsequent request. Res judicata does not apply if any aspect of the case has changed, including laws or regulations. For situations in which res judicata is applicable, see GN 03101.160B.

3. Claimant entitled to another disability benefit

If a claimant requesting EXR is currently entitled to another disability benefit, do not apply collateral estoppel procedures to approve the EXR request. The Disability Determination Services (DDS) must make the medical determination that the impairment is the same as or related to the impairment that was the basis for the previous entitlement, and then make a determination that the claimant is disabled based on the Medical Improvement Review Standards (MIRS).

4. Claimant entitled to reduced retirement insurance benefits (RIB)

If the claimant became entitled to reduced RIB simultaneously with or after the EXR month of entitlement (MOE), see RS 00615.110B.2.

If the claimant became entitled to reduced RIB before the EXR MOE, see RS 00615.110B.3.

NOTE: For retirement benefit computation purposes, consider the period of disability and the EXR period to be one period of DIB.

5. Auxiliary reinstatement

When we approve a number holder’s request for EXR, an auxiliary on the original record can file for reinstatement on the record. The auxiliary must file a new application for benefits and must continue to meet initial entitlement requirements, per DI 13050.060A.2.

D. Title XVI EXR policy

1. EXR requirements

A previously entitled recipient whose monthly benefits terminated due to excess earned income (or a combination of earned and unearned income) must meet all requirements listed under DI 28057.001B in this section, and must meet all non-medical Title XVI requirements to be eligible for EXR.

2. Claimant with prior EXR technical denial

If we deny a request for EXR for failure to meet the non-medical requirements for EXR (not filed within 60 months, etc.), we may apply the principles of res judicata to a subsequent request. Res judicata does not apply if any aspect of the case has changed, including laws or regulations. For situations in which res judicata is applicable, see GN 03101.160B.

3. Eligible spouse

An eligible spouse can also request reinstatement, and may be eligible for up to 6 months of provisional benefits and Medicaid coverage during the provisional benefit period.

4. EXR request after prior EXR approval

A claimant must complete the 24-month initial reinstatement period (IRP) to qualify for a subsequent period of EXR entitlement. The IRP is completed when the individual has received a total of 24 months of payable benefits. If a claimant has not completed the IRP, they do not qualify for a subsequent period of EXR.

E. EXR policy for disability based on statutory blindness

1. EXR requirements

Evaluate a blind claimant’s work activity under standards applicable to claimants with statutory blindness in Title II (blind SGA standards) and Title XVI (blind work expenses) see DI 10515.000 and SI 00820.535.

2. Medical review

To qualify for EXR, the statutorily blind claimant must undergo the same medical review process as a non-blind disabled individual. The claimant must undergo a “same as or related determination,” and a MIRS review. The DDS will make an EXR determination and then a comparability determination, if necessary, for a claimant over age 55. If approved, the FO will process the award in the same manner as other EXR cases. Do not use the DIB attainment process normally used to re-entitle a claimant to cash benefits in Title II in EXR processing. For more information on DIB attainment, see DI 13010.135 and DI 41005.010.

3. Statutory blind beneficiaries over age 55

EXR is applicable for blind claimants only if they completed the trial work period (TWP) and their benefits terminated based on SGA. If the claimant is currently in suspense status, they do not meet the requirements for EXR, see DI 10515.015B.

F. Overview of component responsibilities

1. FO responsibilities

The FO is responsible for taking the following actions:

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    Discuss the criteria for reinstatement with the claimant and provide a comparison of the possible effects of requesting EXR versus filing a new initial claim. For complete instructions on EXR versus a new claim, see DI 13050.020. For complete EXR interview instructions, see DI 13050.045 and DI 13050.050.

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    Assist the claimant with the request for reinstatement and determine whether the claimant meets the applicable non-medical criteria.

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    Obtain necessary forms as instructed in DI 13050.045 and DI 13050.050.

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    Obtain the prior medical folder if the prior determination was not electronic.

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    Initiate provisional benefits using the Post Entitlement Online System (POS) (if applicable) for Title II, or by establishing a start-date record for Title XVI. For complete provisional benefit instructions, see DI 13050.025 and DI 13050.030.

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    For Title II , the FO identifies all SGA and non-SGA months in the 12-month period prior to the month of filing or from the Benefit Termination Month (BTM), whichever is later, in item 2C of the Continuing Disability Review/Post Entitlement (CDR/PE) section on the SSA-823.

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    If the claimant meets all the non-medical requirements for EXR, the FO sends the case to the DDS for a medical determination.

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    Establish the EXR on the Disability Control File (DCF).

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    If the claimant does not meet the non-medical requirements for EXR, and the claimant insists on filing for EXR, the FO issues a technical denial. For technical denial instructions, see DI 13050.065.

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    If the DDS denies the EXR, terminate provisional benefits if currently being paid.

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    If the DDS allows the EXR:

    1. 1. 

      For Title II, the FO processes an Electronic Form 101 (EF101) per DI 13050.060B, and forwards it to the Program Center (PC) for processing; and

    2. 2. 

      For Title XVI, the FO terminates the record, stops provisional benefits, and then start-date a new EXR record. For complete EXR award instructions, see DI 13050.060 and DI 13050.061.

2. DDS responsibilities

The DDS reviews the medical evidence and determines if the claimant's current impairment is the “same as or related” to the impairment that led to the previous entitlement to benefits, using the comparison point decision (CPD). If a “same as or related impairment” exists, the DDS determines whether the claimant is disabled based on the MIRS.

The DDS determines the EXR month of entitlement in allowance determination.

The DDS prepares a Form SSA-832 (Title XVI Cessation or Continuance of Disability Determination and Transmittal), or Form SSA-833 (Title II Cessation or Continuance of Disability Determination and Transmittal) to document the determination and returns the file to the FO. In addition, the DDS prepares and sends the denial notice containing a personalized explanation to the claimant,before returning the case to the FO.

If the DDS allows the EXR, the DDS returns the case to the FO. For complete instructions on DDS EXR claims processing, see DI 28057.000.

NOTE: The determination that an impairment is "the same as or related to" is a medical determination that can be made only by the DDS.

3. PC responsibilities

The PCs process all EXR awards for Title II benefits through the District Office Final Authorization (DOFA) procedures. The PC takes the following actions:

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    Terminate provisional benefits, if necessary, and adjust the benefits payable for provisional benefits paid,

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    Adjudicate Medicare entitlement as appropriate, and

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    Prepare and send the appropriate award and overpayment notices. For PC EXR procedures, see subchapter SM 00856.000 and section DI 13050.095.

NOTE: The DCF controls EXR requests from the time of the request through adjudication. It is important to initiate the EXR event on the DCF and show the transfer of the case between the FO, DDS, and PC to control the cases accurately, and to provide accurate management information. Further, controlling the EXR case through the DCF helps ensure the accuracy of future actions during the Initial Reinstatement Period (IRP), TWP, and EPE (if applicable).

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0428057001
DI 28057.001 - Expedited Reinstatement (EXR) Overview - 09/30/2024
Batch run: 11/25/2024
Rev:09/30/2024