Disabled Adult Child (DAC) and Reinstatement after performing SGA

From the Connect board, Suzanne Fluhr posted this question and answer in followup to a recent CLE presentation she gave at the Dickinson School of Law:

If a Disabled Adult Child's benefits are terminated because they have performed SGA, can they become reentitled to those benefits again?

The answer is yes, if they refile within 7 years of their termination. They would also be eligible for the Expedited Reinstatement if they refiled within 60 months. They must also consider entitlement to their own Disability benefits if they have become insured through their own work. Here is a quote from POMS DI 23505.010

"The 1972 amendments provided for reentitlement to childhood disability benefits for a beneficiary who becomes disabled within 7 years after his/her benefits terminated because his/her disability ceased as a result of a substantial gainful employment or medical recovery. This provision gave protection to childhood disability beneficiaries comparable to that for disabled widows and widowers who become reentitled to benefits if they again become disabled after recovering from an earlier disability. The reentitlement period begins with the month following the last month of previous entitlement to childhood disability benefits and ends with the close of the 84th month (7 years) following the month his/her most recent entitlement to childhood disability terminated because he/she ceased to be under a disability. The reentitlement provisions also provided that a child could again be entitled to CDB if onset of disability was within the 84 month reentitlement period and: (1) the child was statutorily blind, (2) age 55 or over, and (3) engaging in SGA which was not comparable to that performed either before age 55 or the date the child became statutorily blind, whichever was later. "