I will decide whether you are entitled to expedited reinstatement
of Title II disability benefits and disability insurance benefits
and to reinstatement of Title XVI supplemental security income pursuant
to section 223(i) of
the Act. To qualify for expedited reinstatement of benefits, you
must establish the following:
1.
your previous entitlement to disability benefits
and to disability insurance (DIB) and supplemental security income
payments (SSI) were terminated due to performance of substantial
gainful activity (SGA);
2.
you are no longer able to perform SGA because of
your medical condition;
3.
your current disabling impairment(s) is the same
as or related to the impairment(s) that was the basis for the previous
disability entitlement (same or related);
4.
you are under a disability based on the application
of the medical improvement review standards (MIRS); and
5.
you requested expedited reinstatement within the
consecutive 60 month period beginning with the month of entitlement
termination.
In deciding the issue of medical improvement, I will apply
the standard stated in section 223(f) of the Act, and consider:
•
whether there has
been any medical improvement in your original or related impairment(s)
since we last found you disabled and, if so, whether the improvement
relates to your ability to work; and
•
whether one of the exceptions to medical improvement
stated in the Act and our regulations applies.
If no medical improvement in your original or related impairments
relating to your ability to work has occurred and no exception applies,
I will find that your disability continues. If I do not rule for
you on that basis, I will consider whether you have become able
to do substantial gainful work.
Our regulations explain the rules for deciding if you are
disabled and, if so, when you became disabled. These rules appear
in the Code of Federal Regulations, Title 20, Chapter III, Part
404, Subpart P and Part 416, Subpart I.