How can I get my Disability back?

How can I get my Disability back?

By Hogan Smith

Updated 02/07/2025


If your disability benefits have been stopped or reduced, it can be frustrating and stressful. Whether your benefits were discontinued due to a change in your medical condition, an error, or other factors, there are steps you can take to get your disability benefits reinstated. The process can vary depending on your situation and the reason your benefits were stopped, but understanding the steps involved can help you navigate the process and increase your chances of success.


Here’s a guide on how to get your disability benefits back:

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Step 1: Understand Why Your Disability Benefits Were Stopped

The first step in getting your disability benefits back is to understand why they were stopped in the first place. Common reasons for benefits being stopped include:


  • Improvement in Medical Condition: If the Social Security Administration (SSA) determines that your medical condition has improved and you are no longer disabled, your benefits may be terminated.
  • Failure to Report Changes: If you failed to report changes in your income, work activity, or living situation, the SSA may stop your benefits.
  • Non-compliance with SSA Requests: Missing medical exams or failing to follow SSA requests for updated information can result in the suspension or termination of your benefits.
  • Income or Work Activity: If you return to work or your income exceeds the SSA’s limits for substantial gainful activity (SGA), your disability benefits may be stopped.


To begin the process of getting your benefits reinstated, you’ll need to determine the specific reason your benefits were stopped. Review the letter you received from the SSA and contact the SSA if you need clarification.


Step 2: Appeal the Decision

If you believe the SSA made a mistake or that your condition still qualifies for benefits, you have the right to appeal the decision. The appeals process allows you to challenge the termination of your benefits and request a review of your case.


  • Request Reconsideration: This is the first step in the appeal process, where the SSA will review your case again. You must request reconsideration within 60 days of receiving the notice that your benefits were stopped. You can submit new medical evidence or explain why you think the decision was incorrect.
  • Request a Hearing: If your reconsideration is denied, you can request a hearing before an Administrative Law Judge (ALJ). At this stage, you can present your case in person and provide additional evidence.
  • Appeals Council: If the ALJ denies your claim, you can appeal to the SSA’s Appeals Council for further review.


It’s important to stay on top of the deadlines during the appeals process and submit all required documents to support your case.


Step 3: Request for a "Continuing Disability Review" (CDR)

If the SSA stopped your benefits due to an improvement in your condition, you may be able to request a Continuing Disability Review (CDR). A CDR allows the SSA to review your current medical condition to determine if you are still disabled.


If your medical condition has worsened or remains the same, you may qualify to have your benefits reinstated. Ensure you provide the SSA with the most recent medical records and documentation that support your claim that you are still disabled.


Step 4: Apply for a Disability Appeal or Reinstatement Under "Expedited Reinstatement" (EXR)

If your disability benefits were stopped because you returned to work and your condition worsened, you may be eligible for expedited reinstatement (EXR) of benefits. EXR is a process that allows you to apply for reinstatement of your benefits without starting a new application.


  • Eligibility: To qualify for EXR, you must meet certain requirements, including being unable to work at the same level as before and still meet SSA’s definition of disability.
  • How to Apply: To request EXR, you’ll need to file a request with the SSA, explaining that your condition has worsened. You can apply for EXR up to 60 months after your benefits were stopped.


EXR is a faster way to get your benefits reinstated while your claim is being processed.


Step 5: Submit Additional Medical Evidence

If your benefits were stopped due to an improvement in your condition or failure to meet SSA’s disability criteria, providing additional medical evidence may help get your benefits reinstated. Ensure that your healthcare providers document the severity of your condition and how it affects your ability to work.


  • Medical Records: Gather up-to-date medical records that clearly show your condition has not improved or has worsened.
  • Doctor’s Opinion: A statement from your doctor explaining how your disability still prevents you from working or performing daily tasks can be very helpful.
  • Specialists and Treatment: Include information from any specialists or treatments you are undergoing, as this provides a more comprehensive view of your condition.


Step 6: Consider Getting Legal Help

If the process of getting your disability benefits back feels overwhelming, it may be beneficial to work with an experienced disability lawyer or advocate. A lawyer can assist you with:


  • Appeals: If you need to appeal the decision, a lawyer can help you prepare your case, gather the necessary evidence, and represent you during hearings.
  • Reinstatement: A lawyer can guide you through the reinstatement process if your benefits were stopped due to work activity or improvement in your condition.
  • Expedited Reinstatement: If you qualify for expedited reinstatement, a lawyer can help you apply for this process and ensure it’s handled correctly.

How Hogan Smith Can Help

At Hogan Smith, we specialize in helping individuals who are seeking to get their disability benefits reinstated. Our team can assist you with:


  • Appealing SSA Decisions: We’ll guide you through the entire appeals process, from reconsideration to hearings, and ensure all deadlines are met.
  • Gathering Medical Evidence: We can help you collect the necessary documentation and medical records to support your claim.
  • Expedited Reinstatement: If you qualify for expedited reinstatement, we’ll assist you in filing for this option and getting your benefits back faster.

Contact Hogan Smith Today

If your disability benefits have been stopped and you need help getting them reinstated, Hogan Smith is here to assist. Contact us for a free consultation, and we’ll help you navigate the process and work towards getting your benefits back.


Further Reading

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Updated February 10, 2025

A black and white icon of a newspaper on a white background.

Updated February 10, 2025

A black and white icon of a newspaper on a white background.

Updated February 10, 2025

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