Dire Needs Cases: Can my case be pushed to the front?

Answer: Maybe.

There are a few things that can be done to expedite your claim for Social Security Disability (SSD) or Supplemental Security Income (SSI) benefits. Social Security calls these “expedited payment procedures”. The generally involve three types of cases: dire needs, terminal illness, or presumptive cases which meet the SSA guidelines.

Dire Needs Cases:

Generally either if a disabled claimant finds themselves in a situation where waiting in line for a decision would particularly harm a person, Social Security will consider a dire needs. Some examples of dire needs are the following:

1. Where a claimant is homeless (if you are in a permanent shelter, this doesn’t count as homeless).

2. If your home is in foreclosure and you are about to lose your home if you don’t get disability this could be a dire needs situation.

3. If your medical condition is continuing to worsen because you can’t get the medical help you need without Medi-Cal or Medicaid. (Note: this must be a severe situation where a person is in a lot of danger).

It is important for your attorney to file the necessary court documents to request that your claim be considered by Social Security as a dire needs case.

Terminal Illness Cases:

Social Security will expedite a claim if it finds that the case is terminal. A terminal (sometimes called a “critical” case) is usually a claim where the claimant has been given a short time to live (less than 1 year). As above, it is essential that the proper court documents are filed with the Social Security Administration in order to expedite your claim.

Presumptive Disability Cases:

Social Security has a list of “presumptive” disability cases. These are cases where they are of such severity that they are almost certain to be found favorable. Unfortunately, presumptive cases are not granted very often. They usually involve cases where the person is terminal with the medical evidence to support it. If this is the case, it is important to get everything done correct from the initial application. An attorney can help you determine if you have what it takes to likely be considered a presumptive case.

If you have additional questions about whether you meet the requirements of an expedited payment procedure, please contact my office at 1-888-855-2948 or fill out our Free Evaluation Form.