Can I Speed Up the Social Security Disability Process?

If you have terminal cancer or a severe and crippling disease like ALS (Amyotrophic Lateral Sclerosis), the SSA has several procedures in place to fast-track your Social Security Disability Insurance application.  The average disability claim takes months or years to resolve because of red tape involving receipt of medical records, fact-checking, second opinions from independent doctors, and the often lengthy appeals process.  But some medical conditions don’t warrant this kind of tough scrutiny.  The Social Security Agency now provides a Compassionate Allowance program that allows individuals suffering from aggressive cancers or various degenerative ailments to “skip the line”, so to speak, and get their claims approved in a matter of days or weeks.  As of December 2012, two hundred diseases meet the standard for compassionate allowance.  If your disability falls within this list, be sure to specify that you are applying for a compassionate allowance.  If your medical records confirm the diagnosis, you should be receiving benefits in a month or less.  The only obstacle to immediate financial relief remains the fact that you cannot obtain benefits until five months after the onset of your condition; this rule applies to all disability cases regardless of whether or not they qualify for the compassionate allowance.  Once the five months have elapsed, your benefits will kick in.

You should note that not all cancers, unfortunately, gain automatic approval for this expedited timeframe.  Malignant tumors often have to metastasize before the SSA will grant the allowance.  If you’re applying for disability and your cancer has spread, notify the SSA of the change in your condition.  The growth and worsening of the disease will speed up the disability process.

The Compassionate Allowance system exists alongside two other expedited claims procedures: Quick Disability Determination (QDD) and Terminal Illness Cases (TERI). 

QDD uses predictive computer modeling to evaluate the likelihood of your approval for benefits. If the program indicates that you will likely satisfy the criteria for disability, a claims examiner will review your file without the aid of a medical consultant.  The claim examiner’s approval at this stage means that benefits will be forthcoming within twenty days; the claims examiner must summon a medical consultant, however, if he intends to deny a quick determination.  A denial of claim sends the file back through the ordinary channels for approval. 

Terminal illness cases also receive special consideration from Social Security claims examiners.  Terminal patients don’t have to point out the severity of their condition in the application to be processed under TERI; a family member’s statement, the circumstances of one’s treatment (for example, in-patient hospice care), or the diagnosis itself may offer sufficient proof of terminality.  A series of diagnoses including various cancers, heart failure, mesothelioma, and ALS justifies inclusion within the TERI system.

In sum, a variety of debilitating and life-threatening conditions can qualify individuals for a rapid determination of disability and approval for benefit payments. If you’re battling a chronic, perhaps terminal disability, discuss with an attorney the best way to ensure the expedited adjudication of your claim.  You and your family will need immediate financial support during these trying times.  You can’t afford to wait at the back of the line.

Articles contained here are not intended to provide legal advice, only providing general information. We encourage individuals to consult with an attorney regarding individual circumstances.