Dire Need and Getting a Social Security Disability or SSI Case Speeded Up
Continued from: Filing for Disability - Can you speed up the Social Security Disability process?
Also continued from: After a Social Security Disability or SSI Claim has been taken
Can you get a case speeded up simply by requesting this to occur? Not usually, but there is something known as a dire need request, which is a request for expedited service based on a person's danger of losing their rented or owned home, or their expectation that they might be unable to keep their utilities on, or pay for needed medication.
Unfortunately, dire need requests typically have zero effect at the disability application and reconsideration appeal levels. This is because there is usually nothing to expedite, meaning that disability examiners cannot make the process go any faster than it does. There are cases in which a claim will be flagged for involving a terminal illness or a presumptive disability and this can result in a decision that is made much faster and without the standard medical evidence requirements. However, most claims will not fit into this category.
Having said that, dire need requests will sometimes expedite claims that are pending at the hearing level, meaning that a disability hearing has been requested and is waiting to be scheduled. Why does a dire need request sometimes work at the hearing level? Because if the request is granted it allows a claim to "cut in line" so to speak and get scheduled sooner. However, a dire need request has nothing to do with the actual outcome of a claim.
At the hearing level, a claimant and their disability attorney may have a couple of other tactics at their disposal as well. The first is a request for an "on-the-record review". This happens when the claimant's attorney sends a letter to the hearing office director stating that the merits of the case are strong enough to forego a hearing and simply render a decision on the basis of the evidence that currently exists "on the record". On the record requests can save a claimant months of time because when such requests are granted and a case is subsequently approved on-the-record, it automatically deletes much of--even potentially all--the time required for scheduling a hearing, holding a hearing and waiting on a decision from the social security judge.
Another device used by disability attorneys at the hearing level is to submit a brief to an administrative law judge asking for a "bench decision". A bench decision is different from the standard decision issued by a judge in that, according to social security regulations, the written decision can be very short. This avoids the timely delay of having a decision-writer compile the lengthy notice of decision following the hearing. In effect, it can save considerable time for a claimant who is waiting to receive benefits. Bench decisions are not the norm but they can be achieved by disability attorneys who put together a well-documented case and who are able to make clear how strong the case is in the hearing brief that they submit to the judge.
Finally, another tip for speeding up the Social Security disability process would be to file your disability denial appeals as promptly as you can.
If you take the maximum sixty-five days that are allowed each time you appeal a disability denial (the deadline at all levels is sixty days and social security also gives you an extra 5 days for mailing your paperwork), you will have added an additional four months to the processing time of your SSD or SSI case. This is assuming, of course, that you will have to appeal your claim through to the hearings level. But for most individuals, a disability hearing will be necessary.
Return to:
Social Security Disability & SSI Resource
Center
Social Security Disability and SSI Disability Information Pages
Topics and Questions
Does Social Security disability pay for medicine prescriptions ?
Disability reconsideration - what is it and how do you file for it?
Can you file for Social Security disability for a mental disorder or problem?
What are the ways to File an Appeal for a Social Security Disability or SSI claim denial?
What to do (forms to complete) if you receive a Denial on a Social Security Disability or SSI Case?
What Disabilities Qualify for SSI Disability Benefits?
How long does the administrative law judge take to make a decision on an SSD or SSI disability case?
When should you File for Disability benefits with the social security administration?
Can you present evidence at a social security disability or SSI hearing?
How does social security define disability?
Where are Social Security Disability and SSI hearings held?
Is there a list of conditions that might Qualify you for Disability Benefits?
What steps do you follow if you get denied for disability?
How do I request a social security disability hearing - How do I file?
Does social security have a rigorous disability criteria evaluation process?
Will An Attorney Be More Successful On A Social Security Appeal?
Social Security Disability Re-evaluations
How to File for Disability and making the disability interview go smoothly
How long does it take to get an answer on a Social Security Reconsideration Appeal?
Financial Help When You Are Filing For Disability
Qualifying for disability benefits with the social security administration
You do not have to be permanently disabled to collect social security disability
Should you ask a Disability Lawyer About Their Win Rate and How Many Cases They get Approved?
How do you appeal if you are denied for Social Security disability ?
Is There A Way To Get Automatically Approved For SSI And Social Security Disability?
What medical conditions can you apply for disability for ?
Your Chances With SSDI Disability or SSI On the First Appeal
How Long Are You Given To Appeal Your Social Security Disability Denial?
Social Security Disability Hearing - How do I request one?
How does the Social Security Disability Appeal Process work?
Filing for Social Security Disability — A few steps to take
Social Security Disability Requirements
How should I prepare for a disability hearing with Social Security ?
Social Security Disability, SSI, and Whether or Not a Person can Still Work
Can I Qualify For Disability and Receive Benefits based on Depression?
Special Sections
The Social Security Disability SSI Application Process
The Social Security Disability Appeal Process
SSI Disability Benefits
Filing for Social Security Disability or SSI Benefits
Return to Social Security Disability Resource Center
Or click to one of the following:
Return to -- Social Security disability Appeals
Return to -- In order for the disability examiner to make a medical determination
Return to -- Social security disablity attorney fee
Return to -- Do you need to see a Social Security Disability Judge?
Return to -- Social Security Disability Back Pay and the Attorney fee
Return to -- Social Security Disability Doctor Statement
Return to -- What Is The Difference between SSD (Social Security Disability) and SSI?
Return to -- Getting a Social Security Disability or SSI Award
Return to -- Disability Benefits for Children
Return to -- If you call for a status on your disability claim
Return to -- Social Security Disability SSI Blog , About the Author
Return to -- Eligibility to receive SSI benefits is affected by money in the bank, income, land, rental property
Return to -- How long do you have To Be Out Of Work Before You Get Social Security Disability?
Return to -- To file an appeal with social security
Return to -- Using an SSDI Social Security Disability Lawyer
Return to -- Social Security Disability SSI List of Impairments and Conditions
Return to -- Hiring a social security disability lawyer - information about the SSDI attorney
Return to -- SSD Disability Representatives in Various States
Return to -- Arthralgia and Filing for Disability
Return to -- Cerebral Palsy and Filing for Disability
Return to -- Avascular Necrosis and Filing for Disability
Return to -- Disability Lawyer Representation in Kansas
Return to -- Disability Lawyer Representation in South Carolina
|