---
kind: "section"
citation: "20 C.F.R. § 404.1592c"
title: "20"
number: "404.1592c"
heading: "Who is entitled to expedited reinstatement?"
url: "https://uscodex.org/cfr/20/404.1592c"
---

# §404.1592c. Who is entitled to expedited reinstatement?

- (a) **You can have your entitlement to benefits reinstated under expedited reinstatement if—**
  - (1) You were previously entitled to a disability benefit on your own record of earnings as indicated in [§ 404.315](/cfr/20/404.315.md), or as a disabled widow or widower as indicated in [§ 404.335](/cfr/20/404.335.md), or as a disabled child as indicated in [§ 404.350](/cfr/20/404.350.md), or to Medicare entitlement based on disability and Medicare qualified government employment as indicated in [42 CFR 406.15](/cfr/42/406.15.md);
  - (2) Your disability entitlement referred to in [paragraph (a)(1)](#a-1) of this section was terminated because you did substantial gainful activity;
  - (3) You file your request for reinstatement timely under [§ 404.1592d](/cfr/20/404.1592d.md); and
  - (4) **In the month you file your request for reinstatement—**
    - (i) You are not able or become unable to do substantial gainful activity because of your medical condition as determined under [paragraph (c)](#c) of this section;
    - (ii) Your current impairment is the same as or related to the impairment that we used as the basis for your previous entitlement referred to in [paragraph (a)(2)](#a-2) of this section; and
    - (iii) You are disabled, as determined under the medical improvement review standard in [§§ 404.1594(a) through (e)](/cfr/20/404.1594.md?p=a..e).
- (b) **You are entitled to reinstatement on the record of an insured person who is or has been reinstated if—**
  - (1) **You were previously entitled to one of the following benefits on the record of the insured person—**
    - (i) A spouse or divorced spouse benefit under §§ [404.330](/cfr/20/404.330.md) and [404.331](/cfr/20/404.331.md);
    - (ii) A child's benefit under [§ 404.350](/cfr/20/404.350.md); or
    - (iii) A parent's benefit under [§ 404.370](/cfr/20/404.370.md);
  - (2) You were entitled to benefits on the record when we terminated the insured person's entitlement;
  - (3) You meet the requirements for entitlement to the benefit described in the applicable [paragraph (b)(1)(i) through (b)(1)(iii)](#b-1-i..b-1-iii) of this section; and
  - (4) **You request to be reinstated.**
- (c) We will determine that you are not able to do substantial gainful activity because of your medical condition, under [paragraph (a)(4)(i)](#a-4-i) of this section, when:
  - (1) You certify under [§ 404.1592d(d)(2)](/cfr/20/404.1592d.md?p=d-2) that you are unable to do substantial gainful activity because of your medical condition;
  - (2) You are not able or become unable to do substantial gainful activity in the month you file your request for reinstatement; and
  - (3) **We determine that you are disabled under paragraph (a)(4)(iii) of this section.**

## Notes

### Amendments

[70 FR 57142, Sept. 30, 2005, as amended at 81 FR 71369, Oct. 17, 2016]

### Authority

Authority: 42 U.S.C. 402, 405(a)-(b) and (d)-(h), 416(i), 421(a) and (h)-(j), 422(c), 423, 425, 902(a)(5), and 1320e-3; sec. 211(b), Pub. L. 104-193, 110 Stat. 2105, 2189; sec. 202, Pub. L. 108-203, 118 Stat. 509 (42 U.S.C. 902 note).

### Source

Source: 45 FR 55584, Aug. 20, 1980, unless otherwise noted.

### Amendments

[70 FR 57142, Sept. 30, 2005, as amended at 81 FR 71369, Oct. 17, 2016]