Most applicants initially denied disability benefits have to wait nearly a year or more to get an appeals hearing scheduled. Other factors may also delay a Social Security disability hearing, such as the availability of an administrative law judge or funding issues. It can be especially difficult to wait on a decision if your disabling condition is already causing financial hardships.
Fortunately, there are ways to speed up the process. A Phoenix Social Security Disability lawyer at Dayes Law Firm is here to help. We have assisted many individuals with appealing denied disability claims and obtaining the disability benefits they need. A initial consultation is completely free and confidential.
Submit a Dire Need Letter
A disability hearing may be scheduled faster if an applicant is in dire need. Your financial situation must be severe enough that you are at risk of losing access to medications or other medical care, or at risk of eviction or foreclosure. A dire need letter with a detailed explanation of your current financial situation must be submitted to the Social Security Administration's (SSA) Office of Hearings Operations (OHO).
This letter will also need to include supportive documentation, such as a copy of an eviction or foreclosure notice, or correspondence with a utility provider or mortgage company. If you make a strong argument, the OHO may consider expediting your disability hearing.
Request an On the Record Review
A disability hearing may also be expedited by requesting an on the record (OTR) review. This may result in your claim being reviewed before your scheduled hearing date. If you have already sent a dire need letter and the OHO agrees that your situation is severe, they will determine whether an OTR review is appropriate.
You may be eligible to receive a final decision on your disability claim without a hearing before a judge based on the documentation already submitted. However, your medical evidence will need to be very compelling. A lawyer from our firm is prepared to request an OTR review on your behalf, especially if your condition has worsened since you initially applied for disability.
Initiate a Congressional Inquiry
Another possible way to expedite a disability hearing is by initiating a congressional inquiry. This can be done by contacting your local congressman or senator. In Phoenix, this would be the office of Congressman Ruben Gallego or Arizona Senator Martha McSally.
A congressional inquiry requires that your local or state representative contact the OHO to request that your hearing be scheduled sooner. Doing so may move up your disability hearing a few months, but it is not guaranteed. The outcome of your disability claim will not be impacted by initiating a congressional inquiry.
Learn If You Quality for an Expedited Hearing
At Dayes Law Firm, we understand the financial difficulties often experienced by applicants waiting for their disability hearings. Our firm is prepared to speed up this process on your behalf by explaining your circumstances to the OHO and submitting other helpful documentation to show proof of your hardship.
See if you qualify for an expedited hearing during a free legal consultation. There is no obligation after this initial meeting to retain our services, but if you do, there are no upfront costs. We only get paid if you do.
Trusted. Local. Lawyers. Ph: 1-800-503-2000.