Sep 20, 2011



Anonymous said...

The question is misleading.

The Extended Period of Eligibility lasts a MINIMUM of 36 months. It can also continue indefinitely beyond 36 months if SGA work activity ceases before the end of the 36th month.

Anonymous said...

Anonymous of 7:44PM is right for the basic answer that the EPE need not end at 36 months. But there’s more. The Act itself doesn’t use the phrase, “extended period of eligibility.” 42 USC 423(a)(1)(E). 20 CFR 404.1592a is titled and discusses “reentitlement period.” It’s the reentitlement period that extends a maximum of 36 months. At least going by DI 13010.210, SSA invented EPE as a term that covers both the 36-month reentitlement period plus and extra months of entitlement that stretch beyond the reentitlement period. Here’s text from DI 13010.210 that explains SSA usage:

A. What is the EPE?
Congress enacted section 303 of the 1980 amendments providing a re-entitlement period under Title II to a beneficiary who completes nine months of trial work and continues to have a disabling impairment, to encourage disabled beneficiaries an attempt to work. We refer to this provision as the EPE. The EPE provides a 36-month re-entitlement period during which a beneficiary can be re-entitled to benefits if his or her work activity falls below the substantial gainful activity (SGA) level. Following the re-entitlement period, the EPE continues until a beneficiary performs SGA.

We need not charge Mr. Hall with error. After all, he could be taking Humpty Dumpty’s approach:

’When I use a word,’ Humpty Dumpty said in rather a scornful tone, ’it means just what I choose it to mean–neither more nor less.’
’The question is,’ said Alice, ’whether you CAN make words mean so many different things.’
’The question is,’ said Humpty Dumpty, ’which is to be master–that’s all.’