The main way to avoid the long hearing wait once a Social Security Disability claim winds up at the hearing office, is to submit a request for a fully favorable decision on-the-record (“OTR”). One way to expedite an OTR decision is if you can argue “dire need”.
I represent a 52 year old masonry helper whose claim was denied initially even though his treated specialists concluded he was not capable of working. His claim was approved today without a hearing just a short period of time after the OTR was submitted.
The claimant lost his medical insurance and needed surgery. I advised the hearing office about the claimant’s predicament. Under the hearing office rules, known as the HALLEX, this type of critical situation is called “dire need.”
A dire need situation exists when a person has insufficient income or resources to meet an immediate threat to health or safety, such as the lack of food, clothing, shelter or medical care. To have a claim expedited for a dire need, the claimant must allege specific, immediate circumstances, such as needing medical care, but lacks health insurance.
As Katie Couric noted on CBS Evening News last Sunday, http://www.cbsnews.com/stories/2008/01/15/cbsnews_investigates/main3718129.shtml, a 2 ½ year wait for a hearing is commonplace. An OTR is the vehicle for avoiding that delay, and notifying the hearing office about a dire need situation should expedite the OTR decisionPrevious Next
DISCLAIMER This website provides general information on disability law topics as a public service. Information is intended to be as accurate and current as possible, but should not be relied on as legal advice. No attorney/client relationship is created by viewing or using the content on this website. Each legal problem is different, and past performance does not guarantee future results. You should not act on any of the information contained in this site without first consulting legal counsel, which is why readers are advised to seek experienced legal representation in connection with disability related issues. Our Internet links are not associated with us, and we do not guarantee the accuracy of, any information contained in any link. Past performance doesn’t guarantee future results.
Copyright © 2023, Law Offices of Jeffrey Delott
Site Powered By: WebDesignYou