I-2-2-100.Sample Language Which May be Appropriate in the Notice of Hearing – Expedited Reinstatement

Last Update: 8/15/05 (Transmittal I-2-61)

A. Title II Case

I will decide whether you are entitled to expedited reinstatement of Title II disability benefits and disability insurance benefits pursuant to section 223(i) of the Act. To qualify for expedited reinstatement of benefits, you must establish the following:

  1. previous entitlement to disability benefits and disability insurance benefits (DIB) was 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.

B. Title XVI Case

I will decide whether you are entitled to expedited reinstatement of supplemental security income payments under Title XVI 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 supplemental security income was 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 416, Subpart I.

C. Concurrent Case

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.