If you’re struggling with a disability and have received Social Security Disability Insurance (SSDI) benefits in the past, the Social Security Disability 5-Year Rule might offer a helpful workaround to bypass the typical five-month waiting period for benefits. Here’s how it works, who qualifies, and what you need to apply.
What is the Social Security Disability 5-Year Rule?
The 5-Year Rule allows individuals who have previously received SSDI benefits and become disabled again within five years to skip the usual waiting period. Typically, when you first apply for SSDI, there’s a five-month waiting period before benefits begin. However, if you’ve previously been approved for SSDI and become disabled again within five years, you may not need to wait another five months for support.
This rule is especially helpful for individuals with fluctuating or progressive disabilities. To qualify, applicants must meet all SSDI eligibility criteria and not have reached full retirement age.
Who Qualifies for the 5-Year Rule?
Applicants must meet several criteria to qualify for SSDI benefits under the 5-Year Rule. First, they need to have a medically determinable disability that prevents substantial gainful activity and is expected to last at least one year or result in death. Additionally, applicants must have worked and paid Social Security taxes for at least five of the past 10 years. If over 31 years old, they generally need 20 work credits earned through their income, though younger workers may qualify with fewer credits. Applicants must also be under full retirement age (66-67, depending on their birth year), as SSDI benefits transition to retirement benefits once this age is reached.
Exceptions to the 5-Year Rule
Several exceptions can allow people to qualify for SSDI benefits even if they don’t meet the standard 5-year work history requirement:
- Younger Workers (Under 31): Workers under age 31 may qualify with fewer work credits based on their employment since turning 21.
- Disabled Adult Children: If a child becomes disabled before age 22 and remains unmarried, they may qualify for SSDI benefits based on a parent’s work record.
- Veterans: Veterans with service-connected disabilities may qualify for SSDI, even without meeting the typical work requirements.
- Blind Individuals: Blind applicants may qualify even if they’ve worked for less than five years, provided they worked at least one quarter in the three prior years.
- Severe Disabilities: Individuals with severe, life-threatening conditions, such as advanced-stage cancers or rare neurological disorders, may qualify for SSDI benefits regardless of work history through Compassionate Allowances.
What Are Compassionate Allowances?
The SSA’s Compassionate Allowances (CAL) program reduces the time it takes for individuals with certain medical conditions, specifically those that meet the SSA’s definition of disability, to get approved for disability benefits. These conditions include advanced cancers, certain neurological disorders like ALS and Huntington’s disease, and other life-threatening conditions. The SSA uses its technology identify claims involving CAL conditions, enabling them to be processed more quickly.
How to Re-Apply for SSDI Benefits Under the 5-Year Rule
The application process for SSDI benefits under the 5-year rule involves several steps, and gathering the proper documentation is key. Here’s how to apply:
- Gather Your Documents: Include up-to-date medical records, treatment history, and work history documentation.
- Submit Your Application: Apply online, over the phone, or at your local Social Security office. Ensure you provide your Social Security number, birth certificate, medical records, tax forms, and proof of U.S. citizenship or lawful status.
- Review Process: The SSA will assess your medical condition and determine whether you qualify for SSDI benefits. They will inform you whether your claim is approved or denied and provide an option to appeal if necessary.
- Get Help if Needed: Consider consulting a disability attorney or advocate to help navigate the application process and increase your chances of approval.
If you’ve been denied or have questions about your eligibility, consulting with a professional is always a good idea to ensure you take the proper steps. At Henson Fuerst, our Social Security disability attorneys are well-versed in disability law and will work hard to help secure the benefits you may be entitled to by law.
What is Expedited Reinstatement (EXR)?
The 5-year rule also plays a part in the process called Expedited Reinstatement (EXR). EXR allows individuals whose SSDI or SSI benefits were stopped due to earnings from work to quickly restart their benefits without submitting a new application. While the Social Security Administration (SSA) reviews the request, provisional (temporary) benefits, including cash payments and Medicare/Medicaid coverage, can be provided for up to six months. Eligibility for EXR includes having stopped benefits due to work income, being unable to engage in substantial gainful activity, having a disability related to the original impairment, and requesting reinstatement within five years of benefits ending.
Trusted Social Security Disability Lawyers Who Put You First
Living with a disability can be immensely challenging. That stress is compounded when you can no longer work to support yourself and your household due to your condition. However, you are not alone; our disability attorneys are here to help. Don’t let Social Security deny you the benefits you may be rightfully entitled to. Speak with the compassionate disability lawyers at Henson Fuerst for free today to review your options.
Contact us today by submitting a form online or calling our office at (919) 781-1107 for a free case evaluation.