Clients often ask if there is something they can do to speed up their hearing. This is an understandable request. Currently in Sacramento the wait time for an Administrative Law Judge hearing is about 15 months! There are very limited circumstances when Social Security will expedite a hearing. These are called “Critical Cases” and are outline in the Hallex. https://www.ssa.gov/OP_Home/hallex/I-02/I-2-1-40.html
- Terminal Illness
- Veteran 100% Permanent and Total
- Claimant has received a 100% permanent and total disability compensation rating from the Department of Veterans Affairs.
- Military Casualty/Wounded Warrior Case
- Claimant is a current or former member of a military service who:
- Sustained an illness, injury or wound;
- Is alleging a physical or mental impairment, regardless of how impairment occurred or where
- Claimant is a current or former member of a military service who:
- Sustained the impairment while on active duty status on or after October 1, 2001
- Compassionate Allowances
- Certain diseases and other medical conditions under the Social Security Listing of Impairments.
- For a complete list of conditions please visit https://www.ssa.gov/compassionateallowances/conditions.htm
- Dire Need Cases
- A dire need situation exists when the claimant alleges any of the following circumstances:
- Claimant is without food and is unable to obtain it.
- Claimant lacks medicine or medical care and is unable to obtain it
- Claimant lacks shelter
- Examples include: without utilities such that home is uninhabitable, homeless, expiration of shelter shay, imminent eviction or foreclosure with no means to obtain shelter
- A dire need situation exists when the claimant alleges any of the following circumstances:
- Potentially Violent
- Claimant is suicidal, homicidal, or potentially violent
If your condition or situation meets any of the above criteria you should contact Social Security to notify a representative. The representative will then speak with you and complete a Critical Request Evaluation.