how can a disability lawyer expedite the disability claim process

by Melvin Borer 4 min read

If you want to expedite your SSDI

Social Security Disability Insurance

Social Security Disability Insurance is a payroll tax-funded federal insurance program of the United States government. It is managed by the Social Security Administration and designed to provide income supplements to people who are physically restricted in their ability to be employed because of a notable disability. SSD can be supplied on either a temporary or permanent basis, usually directly correlated to …

case one of the best ways is to see a doctor and make sure the SSA has all of your medical evidence. Hire a disability lawyer. Although a disability lawyer cannot move your case to the front of the line, they can improve your chances of winning benefits at every step in the disability process.

Here are some more ways to speed up your disability application.
  1. Requesting an OTR Decision. ...
  2. Requesting an Attorney Advisor Decision. ...
  3. Compassionate Allowances List. ...
  4. Terminal Illnesses. ...
  5. Presumptive Disability. ...
  6. Dire Need. ...
  7. Military Service Members. ...
  8. Contacting a Member of Congress.

Full Answer

How can I expedite my Social Security disability claim?

If you are in the application, reconsideration or Social Security Disability hearing level, and you have copies of your medical records, it may expedite your claim if you provide your medical records to your Social Security Attorney. Your disability attorney can coordinate submitting the medical records at the time they submit your Social Security Disability paperwork.

How can I get expedited Social Security disability benefits as a Wounded Warrior?

Disability lawyers can review the claimant s medical records and ensure that evidence is included that proves the claimant is disabled. SSA Disability lawyers can build an argument outlining why the claimant is unable to perform their past jobs or any other job in the regional economy. Disability attorneys can argue their claimant s disability ...

How do I remove a “dire need” on my disability claim?

If you want to expedite your SSDI case one of the best ways is to see a doctor and make sure the SSA has all of your medical evidence. Hire a disability lawyer. Although a disability lawyer cannot move your case to the front of the line, they can improve your chances of winning benefits at every step in the disability process. Recent blogs:

What evidence do I need to support my claim for disability?

These circumstances will expedite the claim to the hearing level. Generally, the Administrative Law Judge advises they will issue a decision in 60-90 days after the date of hearing. A request may be made to the ALJ requesting expedited status if the claimant has been designated one of the aforementioned titles. Written By: Tina Thapar, Esq.

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Can SSDI be expedited?

If you have already completed your Trial Work Period and your Extended Period of Eligibility (EPE), you can still get SSDI benefits if your income drops below the Substantial Gainful Activity (SGA) level. This method of getting SSDI benefits is called Expedited Reinstatement.

How long does it take for SSD to make a decision?

about 3 to 5 monthsGenerally, it takes about 3 to 5 months to get a decision. However, the exact time depends on how long it takes to get your medical records and any other evidence needed to make a decision. * How does Social Security make the decision? We send your application to a state agency that makes disability decisions.

Who makes the final decision on Social Security disability?

An applicant can receive payments for up to 6 months while the Disability Determination Services (DDS) reviews the claim and makes the final decision.

Can you get SSI expedited?

If your benefits terminated because of excess earned income or a combination of earned and unearned income, you can request to have your benefits started again without having to complete a new application. We call this process “expedited reinstatement.”

What should you not say in a disability interview?

Do not say things like, “I want to work” or “If I could work, I would.” By saying such statements, a judge may get the picture that you could possibly work. The point is that there are some people with extreme disabilities who do work but this is not the point that you should be making at your hearing.

How fast can SSDI be approved?

The average response time for the SSA to reach a decision after you apply for SSDI benefits is three to four months, but this time period could be extended to up to eight months.

How do I pass a continuing disability review?

If you want to keep yours, here are some tips on how to pass a continuing disability review:Follow Your Treatment Protocol. ... Learn More About Your Condition. ... Answer the Short Form Honestly. ... Keep Copies of Your Medical Records. ... Inform the SSA of Any Change in Address.Apr 22, 2020

How long after I receive my award letter will I get my money?

You can usually expect your back pay and first monthly check to start 30-90 days after the award letter.Feb 1, 2022

What are the stages of disability determination?

4 Steps to the Social Security Disability Determination ProcessStep 1: Initial Application. To be awarded disability benefits, you first have to assert your right to them. ... Step 2: Reconsideration. ... Step #3: Hearing. ... Step #4: Appeals Council and Beyond.

How can I speed up my disability process?

Here are some more ways to speed up your disability application.Requesting an OTR Decision. ... Requesting an Attorney Advisor Decision. ... Compassionate Allowances List. ... Terminal Illnesses. ... Presumptive Disability. ... Dire Need. ... Military Service Members. ... Contacting a Member of Congress.

How do you get SSI back pay faster?

You can get some of your SSI back pay faster in certain circumstances. If you are approved for SSI or SSI and SSDI both, and you find you need this money sooner than the SSA has scheduled it for release to you, contact the Social Security Administration (SSA) and ask that they release funds to you early.Mar 11, 2020

Why is my disability taking so long?

Because there are so many applications that are filed each year, it takes time for the SSA to process and review each one. This review time can take anywhere from 3 to 6 months on average. Most people have their initial application denied.

Why is the SSA expediting disability claims?

The SSA expedites disability claims for applicants who may face severe financial consequences if they must wait the normal processing time for their disability application. For example, you may request to have your claim expedited if you cannot afford to pay for needed medications or medical care.

How long does it take to get an expedited disability?

If you feel you qualify for expedited disability benefits, the process to speed up your claim is not cut and dry, and there is no guarantee you will be successful. Moreover, “expedited” can mean anywhere from 10 days to several months or even a year. Remember that a standard application can take up to two years.

How to get expedited benefits as a wounded warrior?

To receive expedited benefits as a Wounded Warrior, you must let the SSA know you were active duty military when your disability occurred. You also must direct them to your military records. Ask an attorney at the Law Offices of Ogle, Elrod & Baril for help ensuring you get expedited benefits as a Wounded Warrior.

How long does it take to get a compassionate allowance?

The SSA has identified several serious medical conditions as Compassionate Allowances. If you suffer from one of these conditions, you can receive a favorable decision in as little as 10 days from your application date. The SSA understands that anyone with one of the identified conditions would ultimately have their application approved.

Can SSA expedite a claim?

They SSA may also expedite your claim if you are homeless or facing eviction or foreclosure. The SSA prioritizes dire need claims based on evidence of the urgency of the situation. You can bolster your case by submitting documentation that you are indeed in dire need of your benefits.

Can you have your claim expedited?

In some cases, you can have your claim expedited if a member of Congress or another high-ranking government official makes an inquiry with the SSA on your behalf. However, the SSA is under no obligation to prioritize your file as the result of a congressional inquiry.

Who is eligible for expedited benefits?

You can receive expedited benefits whether you were wounded in combat or suffered an injury in the gym while on active duty. Military branches eligible for this benefit include the Army, Navy, Air Force, Marines, and Coast Guard.

What to do if your situation worsens after applying for disability?

If your situation worsens after you applied for disability, you can go to your local field office to notify the SSA of your situation. If your circumstances improve, the SSA may remove the "dire need" designation on your disability claim. For more information, read about dire need letters.

How long does it take to get a disability decision?

The process of applying for and getting Social Security disability is lengthy, and it can take up to two years to get a final decision. Fortunately, there are six types of claims called "critical cases" that the Social Security Administration (SSA) will process quickly.

Why is the SSA not labeling a financial hardship case?

The SSA will not immediately label the file of every claimant who alleges financial hardship as a "dire need" case because it would prevent the SSA from being able to help the most serious cases.

How many types of claims are there for Social Security?

Fortunately, there are six types of claims called "critical cases" that the Social Security Administration (SSA) will process quickly.

Does the SSA expedite homicidal claims?

Personal or Public Safety. If there is evidence that a claimant (applicant for disability) is suicidal or homicidal, the SSA will expedite the claim. Evidence of suicidal or homicidal ideations may come from any source, including: the claimant. treating physicians.

Can you expedite a disability claim?

If you tell the SSA that your claim should be expedited because you are in dire need or qualify under one of the above "critical case" reasons, but the SSA doesn't expedite you case, it may be helpful to contact an experienced disability attorney to discuss whether your claim qualifies as a critical case.

Is a Cal condition considered a SSA condition?

CAL conditions are so severe that they are almost always immediately approved under the SSA's Listing of Impairments. The SSA requires minimal objective medical evidence for some CAL conditions and will sometimes grant approval based on a diagnosis alone.

What is the Compassionate Allowances Program?

The Compassionate Allowances program was implemented by the SSA as a means to expedite the processing of disability claims for individuals suffering from conditions that are particularly severe, and that clearly qualify as a disability under the statutory definition used by the SSA.

Automatic Qualification for SSDI Benefits

It’s worth noting that any condition that qualifies you to expedite claim processing (pursuant to the Compassionate Allowances program) will also qualify you for disability benefits automatically. All conditions from the Compassionate Allowances list meet the SSA’s strict criteria for “disability” and therefore entitle you to benefits.

Speak to an Experienced Tampa SSDI Lawyer for Further Assistance

If you are suffering from a severe physical or mental condition that has led to you being disabled, then you may be entitled to submit an expedited claim for SSDI benefits.

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