An expedited disability decision speeds up disability claims filed through the Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) programs. Expedited disability decisions are considered for specific situations and circumstances. Not everyone qualifies. Forms must be meticulously completed with proper qualifiers and medical documentation.
A social security disability lawyer in Ohio can oversee the application process, ensuring the correct information for getting approval is submitted. If you’ve already filed your claim and it feels like it’s not reasonably moving forward regarding time, an attorney may help determine who to talk to at the state office evaluating your claim or the Social Security Administration (SSA). Schedule a free consultation to discuss your need for an expedited disability decision.
SSA’s Fast Track Processes for an Expedited Disability Decision
The SSA aims to expedite the claims process for those with serious medical conditions who need their benefits quickly. They have two fast-track processes to help claimants with the most severe disabilities receive expedited disability decisions: quick disability determinations and compassionate allowances.
Quick Disability Determinations (QDD)
The Quick Disability Determinations (QDD) process screens initial applications using a sophisticated computer-based predictive model. It screens for and identifies cases where medical evidence is readily available, such as diagnosis codes and indicators of severe disability—making a favorable disability determination highly conceivable.
Compassionate Allowances (CAL)
The Compassionate Allowances (CAL) program identifies claims where an applicant’s condition or disease clearly meets the SSA’s statutory standard for disability. Qualifying conditions include specific cancers, rare children, and adult brain disorders.
They’ve determined over 200 conditions as serious enough to warrant an expedited disability decision. However, approval is pertinent to proper filing, form completion, medical documentation, and diagnosis. Speak to a disability attorney to clarify the strength of your claim.
Qualifiers for an Expedited Disability Decision
In addition to their primary methods of fast-tracking claims, the SSA has several additional considerations to qualify for an expedited disability decision. Other qualifiers for an expedited disability decision include terminal illness, 100 percent permanent veterans disability, the Wounded Warriors program, a homeless flag, dire financial needs, or if you are a risk to yourself or public safety.
Terminal Illness (TERI) Program
The terminal illness program (TERI) is a separate initiative for terminally ill claimants unable to work due to their terminal medical condition. The SSA defines terminal illness as an untreatable medical condition that is expected to result in death. TERI provides expedited reviews of disability claims to compensate for financial hardship associated with end-of-life care (EOLC).
100 Percent Permanent and Total Veterans Initiative
Veterans with a 100 Percent Permanent and Total (P&T) disability rating from the Veterans Administration (VA) can receive expedited application processing. However, this doesn’t necessarily guarantee disability approval. When initiating the application, veterans must identify as “Veteran rated 100 Percent P&T” and provide a VA rating notification letter to the SSA.
Wounded Warriors
Veterans who developed disabling mental or physical injuries while on active military service on or after October 1, 2001, may be eligible for an expedited disability decision. The injury is not contingent on receiving it during combat operations. However, when initiating the application process, veterans must inform the SSA that their injury occurred while on active duty.
Homeless Flags
The SSA designates homeless flags to identify applicants who are homeless or at risk of being homeless within 14 days. The SSA defines homelessness as a lack of a fixed, regular, and adequate nighttime residence. This includes individuals living in publicly or privately operated shelters.
Homeless qualifiers include claimants living in a car, bus station, train station, park, camping ground, or abandoned building. They also include temporarily living with a friend, family member, or another household or in motels and hotels paid for by government programs for low-income individuals.
Dire Financial Needs
A dire need claim may be considered after an applicant has been twice denied and requests a hearing with an Administrative Law Judge (ALJ). A dire need exists when a claimant cannot obtain food, shelter, and medical care. Evidence may help strengthen the legitimacy of your dire need claim. Examples of evidence that proves dire need are as follows:
- Copies of healthcare bills and estimated costs for needed medical treatments
- A letter notifying an applicant of immediate eviction from a landlord
- A letter from a lender stating that foreclosure is impending
- A letter from a homeless shelter stating a claimant is no longer eligible for their services
Your attorney will help draft and submit a dire need letter to SSA, explaining why waiting the usual time for claims processing may result in detrimental consequences. They will ensure the inclusion of new evidence documenting the urgency.
Risk to Personal or Public Safety
If there is evidence a claimant is suicidal or homicidal, the SSA may issue an expedited disability decision in their favor. However, this can be a much more challenging case to prove. Evidence of suicidal or homicidal ideations may originate from the claimant, collateral sources, treating physicians, SSA employees, and law enforcement.
If the SSA determines that an applicant is a threat to themselves or the public, they will contact the appropriate authorities and provide adequate referral services for local doctors, mental health specialists, community service centers, and suicide prevention programs.
Why You Need a Lawyer for an Expedited Disability Decision
The SSA is a stickler for properly completed forms, meeting filing deadlines, and having readily available medical evidence to expedite claims. Many denials occur due to improper form completion.
An experienced Social Security fills those forms out frequently and knows how to get expedited disability decisions. Other reasons to consult a disability lawyer include:
- Understanding the Criteria: Identifying and understanding the criteria helps with an expedited disability decision. A lawyer is familiar with the specific qualifying conditions.
- Proper Documentation: An attorney can ensure proper documentation for approval, including medical records and supporting evidence.
- Handling Communications: Disability lawyers will assume all communications and are relentless about following up with the SSA, so claimants wait for answers. They won’t let time go by without communicating and pushing it along.
Schedule a free consultation with a reputable and experienced disability lawyer to discuss if a potential expedited disability decision is in your future. Disability attorneys work for contingency, so there are no required fees to have your case evaluated by a legal professional with a success rate, helping claimants receive an expedited disability decision.
