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Sadly, Dire
need situations occur fairly often in ssd and
ssi cases, due mainly to the great delays that, today, seem
to be an inherent quality of the Social Security Administration's
disability-claim evaluation
process.
What is "dire need" and what are "dire need situations"?
Though the terms would seem to be self-evident in their
meaning and implications, how they are defined may depend
on who you ask.
To an individual pursuing disability benefits, the terms
are interchangeable and refer to circumstances that, unfortunately,
a great many claimants
become personally
familiar with--such as no longer being able to acquire medications,
obtain needed clinical or hospital treatment, or pay for
critical expenses, such as utilities, rent, or mortgage
costs.
To a reasonable mindset, situations of this sort should
easily fall under the heading of "dire need". Yet, this
is not the view typically taken by the social security administration.
Unfortunately, the simple reality is that a disability claimant's
crumbling finances or inability to obtain physician care
are not considered to be pressing or relevant concerns during
the evaluation and processing of a disability benefit claim.
In fact, dire need as a concept only surfaces on the SSA
radar screen after
a claimant's case has traveled through the Initial Claim
and Reconsideration steps and
after an ALJ (administrative law judge) hearing
has been requested by a claimant or their representative.
By this time, of course, a disability claim may easily have
been lodged in the "system" for up to a year, if not longer.
When does SSA take note of
dire need situations? Once an ALJ hearing has
been requested, a disability claimant has the opportunity
to point out how precarious their particular circumstances
are, in the hope that an ALJ hearing can be expedited,
i.e., moved along faster to a scheduled hearing date.
How is an expedite requested?
It typically involves the writing of a "dire
need letter" which is sent to the Office of Hearings
and Appeals. Claimants who are represented, of course, should
send their dire need letter to their attorney or non-attorney
representative who can then forward the letter to the appropriate
hearing office.
How should a dire need letter
be written? First and foremost, the letter should
be written by the claimant,
versus a representative, friend, or family member. Secondly,
the letter should provide a level of detail sufficient enough
to thoroughly and compellingly
explain a claimant's dire situation . Thirdly, the letter
should have attached to it copies of any late notices the
claimant may have received from utility providers, landlords,
or mortgage providers.
How are dire need letters
viewed by OHA? For the most part, a hearing office
will only consider a dire need situation to be one in which
a disability claimant is in danger of becoming homeless;
in other words, where foreclosure on owned property or eviction
from rental property is imminent.
Having said this, however, a hearing office that is not
beset by a growing backlog may occasionally view a claimant's
lack of utilities or access to needed medical care as a
qualifying dire need situation.
Bringing a dire need situation
to the attention of the Office of Hearings & Appeals
(via a detailed and well-written dire need letter) can,
in some cases, have the effect of shaving months away from
the time it ordinarily takes to get a hearing scheduled.
Obviously, in many cases, this can mean the difference between
a claimant being able to weather the disability appeal process...or
losing everything everything he or she has accumulated prior
to becoming disabled.
For this reason, claimants whose situations have become
precarious, or whose circumstances are nearing such a state,
should consider drafting a dire need letter (requesting
that their disability hearing be expedited) and submitting
it with all haste.
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