How to Obtain an Expedited Social Security Disability Hearing Before an ALJ
One of the first things my clients always ask is how long their social security disability case will take.
That is a tough question.
The answer is it depends.
If you win your disability case at the application stage, or at the reconsideration stage, the process will probably take one year or less.
However, many clients do not win their disability case at these early stages.
Instead, the majority of clients win their disability case at the hearing stage before an administrative law judge (ALJ) and it generally can take as long as two years, sometimes slightly longer, to get to this stage of the disability appeals process.
The following question my clients generally ask is whether there is anyway to expedite their hearing before the ALJ.
That is, whether anything can be done to have their hearing set earlier in time.
Again, the answer is it depends.
Sometimes, in special circumstances, clients can obtain an expedited hearing.
This articles discusses those special circumstances when a client can obtain an expedited hearing before the ALJ.
Depending on the facts of your case, you may be able to obtain an expedited hearing.
The most common method to potentially obtain an expedited disability hearing is to send a "dire need" letter to the Office of Adjudication and Review (ODAR).
In a dire need letter, a disability claimant alerts ODAR about the severity of the claimant's financial circumstances.
If a disability applicant is in danger of losing access to important medical treatment, medications, or housing, ODAR has the authority, but not an obligation, to expedite the claimant's ALJ disability hearing.
However, the financial danger must be significant and imminent, beyond that commonly suffered by the other disability applicants.
However, ODAR will not entertain a dire need letter until after a disability client has completed the application and reconsideration stages of the disability process, and the case is ready to be set for a hearing before the ALJ.
Nevertheless, if accepted, the dire need letter can easily shorten the disability process by about nine months.
But there is no guarantee as to how much faster a disability hearing will be scheduled.
Even if an expedited hearing is granted, the hearing could ultimately be set only a few months earlier than it otherwise would have been set.
Either way, in the appropriate circumstances, the time savings can be vitally important to some clients as for some it might mean obtaining needed benefits before losing complete control of their financial future.
Upon submission of a dire need letter, ODAR may, in its discretion, grant a disability client an expedited hearing, but there is no guarantee.
The letter should detail the bases for the request, including facts and documentation setting forth the client's dire financial situation.
Copies of late notices from the disability client's utility company, landlord, and/or mortgage company are examples of evidentiary proof which should be submitted with the client's dire need letter.
In my experience, medical records indicating a client's suicidal tendencies also tend to influence ODAR's determination and should be submitted with the dire need letter.
That is a tough question.
The answer is it depends.
If you win your disability case at the application stage, or at the reconsideration stage, the process will probably take one year or less.
However, many clients do not win their disability case at these early stages.
Instead, the majority of clients win their disability case at the hearing stage before an administrative law judge (ALJ) and it generally can take as long as two years, sometimes slightly longer, to get to this stage of the disability appeals process.
The following question my clients generally ask is whether there is anyway to expedite their hearing before the ALJ.
That is, whether anything can be done to have their hearing set earlier in time.
Again, the answer is it depends.
Sometimes, in special circumstances, clients can obtain an expedited hearing.
This articles discusses those special circumstances when a client can obtain an expedited hearing before the ALJ.
Depending on the facts of your case, you may be able to obtain an expedited hearing.
The most common method to potentially obtain an expedited disability hearing is to send a "dire need" letter to the Office of Adjudication and Review (ODAR).
In a dire need letter, a disability claimant alerts ODAR about the severity of the claimant's financial circumstances.
If a disability applicant is in danger of losing access to important medical treatment, medications, or housing, ODAR has the authority, but not an obligation, to expedite the claimant's ALJ disability hearing.
However, the financial danger must be significant and imminent, beyond that commonly suffered by the other disability applicants.
However, ODAR will not entertain a dire need letter until after a disability client has completed the application and reconsideration stages of the disability process, and the case is ready to be set for a hearing before the ALJ.
Nevertheless, if accepted, the dire need letter can easily shorten the disability process by about nine months.
But there is no guarantee as to how much faster a disability hearing will be scheduled.
Even if an expedited hearing is granted, the hearing could ultimately be set only a few months earlier than it otherwise would have been set.
Either way, in the appropriate circumstances, the time savings can be vitally important to some clients as for some it might mean obtaining needed benefits before losing complete control of their financial future.
Upon submission of a dire need letter, ODAR may, in its discretion, grant a disability client an expedited hearing, but there is no guarantee.
The letter should detail the bases for the request, including facts and documentation setting forth the client's dire financial situation.
Copies of late notices from the disability client's utility company, landlord, and/or mortgage company are examples of evidentiary proof which should be submitted with the client's dire need letter.
In my experience, medical records indicating a client's suicidal tendencies also tend to influence ODAR's determination and should be submitted with the dire need letter.
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