Can I speed up the process?
People usually want quick results, but keep in mind that the claims process can be a lengthy one. A claim can take an entire year. There are strict guidelines for getting your claim settled quickly, and you must qualify.
File a Dire Need Letter
A dire need letter can be quickly filed on your behalf by my office stating the reason(s) that you are disabled.
Simply filing a dire need letter does not mean that SSA will find that a dire need exists. However, submitting such a letter can only improve your chances for later success.
A dire need case is a situation in which the claimant is unable to obtain food, medicine, or shelter. A dire need situation exists when a claimant does not have sufficient income or resources to meet an immediate threat to health or safety, such as the lack of food, clothing, shelter or medical care. A dire need situation also exists when there is an indication the claimant is suicidal or homicidal. If a dire need letter is granted, a decision is made on what is called "an on the record decision," which means that no testimony is needed for a hearing. A decision is made at this point.
What must you show in a dire need letter? You must show certain specific and immediate circumstances: (1) lack of food (i.e., without and unable to obtain food), (2) lack of medicine or medical care (e.g., the claimant expresses that he or she needs medicine or medical care but is without and unable to obtain it; the claimant does not have any health insurance, or indicates that the access to necessary medical care is restricted because of a lack of resources); and/or (3) lack of shelter (e.g. shutoff of utilities such that home is uninhabitable, homelessness, expiration of shelter stay, or imminent eviction or foreclosure with no means to obtain shelter). If you have a lawyer, he or she can help explain to you what specific information is necessary to show you meet the requirements of dire need and therefore should be entitled to designation as a critical care claim and to the expedited process. If you do not have a lawyer, I will try and offer some type of evidence that should be submitted with your dire need letter to show your case should be designated as a dire need. In your dire need letter, you should explain in detail why you feel you meet all the requirements listed above. In this letter you should include any evidence that supports your allegations. I will give you some examples, but this list does not exhaust all examples of proven claims. There are a number of ways of showing a dire need, which includes correspondence from family or friends that are aware of the situation, unpaid bills, foreclosure notice, eviction notices, expiration of medical coverage, bank statements, letters from your doctor, including unpaid doctors bills, and any other supportive documentation in support of your extreme circumstance.
YOUR CLAIM MAY BE CRITICAL
In addition to a dire need case, there are also critical situations which require an expedited decision. This means SSA should review your case to see if an "on the record" fully favorable decision is appropriate. If it is found that a fully favorable decision cannot be made without a hearing, then the hearing office is required to speed up the pre-hearing development and schedule your hearing at the earliest opportunity. Management at the hearing office is responsible for tracking the progress of critical cases to ensure that they are getting expedited treatment. The hearing and the writing of the decision is suppose to be done quicker.
There are five situations that warrant critical case processing. The first situation is when the claimant is presented with a terminal illness. This type of case is known as a TERI case. The second situation, (for veterans applying for Social Security Disability) is a "military service casualty case," which is when injury occurred on or after October 1, 2001 and these are also referred to as MSCC. The third type of case are referred to as compassionate allowance cases, also known as CAL cases.
You must have a copy of all medical records to prove your case if you are filing a claim on your own. If you have an attorney, you will need to provide the names of the treatment facilities, doctors names and medicines. SSA periodically sends additional forms to you for your completion. YOUR ATTORNEY CANNOT COMPLETE THESE FORMS FOR YOU.
If Social Security tells you they need certain information, even if this is information you have already sent them, make sure to respond quickly with the information they are seeking. Additionally, make sure that all of your medical records that are favorable to your case have been submitted to SSA.
If you have a lawyer, keep in contact with your lawyer every couple of months to make sure either Social Security or your lawyer has been able to get the medical evidence needed for a decision to be made on your case. If you want to have a good chance at winning at the application level, it is important that you include opinion evidence from your doctors that explains your medical condition and limitations that your condition imposes on you that prevents you from working. This can be done by getting a report from your doctor or having your doctor fill out a residual functional capacity form, which is also called an RFC. After you apply, you should contact Social Security or your lawyer within at least two months to see what information is missing.
If you are unsuccessful at the first level, then file an appeal within 60 days of the decision. If you are then unsuccessful after appealing, then you have the right to file a Request for a Hearing before an administrative law Judge within 60 days of the second denial.
After your request for hearing, you should contact the hearing office that is handling your Social Security disability hearing or contact your attorney to find out what is in your Social Security file, and what you need to get to improve your evidence and your chances of winning at the hearing. If you do not yet have a lawyer, you may want to consider hiring a lawyer at this point.