Dire Need and Getting a Social Security Disability or SSI Case Speeded Up

How to prove you are disabled
and win disability benefits

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.

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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?

Applying for disability benefits in Illinois

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?

What if you Move out of State after you apply for Social Security Disability or SSI?

Social Security Disability SSI - Income and Financial Issues

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?

The Qualifications for Disability Benefits and the Types of Evidence Social Security Looks at

If I Move To A State Where There Is A Lower Cost Of Living, Would My SSD Benefits Decrease?

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 ?

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

Hiring a Qualified Disability Lawyer in Louisiana

Can I Qualify For Disability and Receive Benefits based on Depression?

Is There A Way To Get Automatically Approved For SSI And Social Security Disability?

SSD and SSI are Federal Programs

The title II Social Security Disability and title 16 SSI Disability programs operate under federal guidelines and, therefore, the program requirements--medical and non-medical--apply to all states:

Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming

Recent approval and denial statistics for various states can be viewed here:

Social Security Disability, SSI Approval and Denial Statistics by state

Special Section: Disability Lawyers and unnecessary claim denials