Is It Possible to Have a Social Security Disability Case Heard Early?
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by: albert.tobega
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Q: Can you expedite the process of having your social security disability claim heard before an administrative judge?
A: Most claimants who are awaiting a court date for their social security disability claims have been in the review process for a long time. Finding a way to expedite the hearing cycle would be welcomed by most applicants. Such a task is not so simple, though. Applicants who are experiencing financial difficulty can submit a dire need letter outlining their situation. You must also submit proof (foreclosure notices, utility late notices, creditor statements, etc.) of your dire circumstance. The case will be reviewed by the Hearing Office and, in some instances, the claim can be accelerated. Another option is to request an on the record review. This simply means that your file is reviewed prior to your scheduled court date. If all goes well, your case is approved at the on the record review and will not have to be heard before a judge. The last way to attempt to expedite the hearing process is through an inquiry via your Congressman or Senator. The office of your Congressman or Senator must contact the Office of Hearings and Appeals on your behalf. Regardless of what method you choose to try to speed up the hearing process for your social security disability claim, it is generally recommended that you seek counsel from a lawyer or legal advocate.
Q: Why is the date of onset important?
A: Your onset date is the day your condition or injury made you unable to continue work. It is important to establish an accurate date of onset, since all social security disability benefits due to you will be based on that date.
Q: Is every claimant eligible for retroactive social security disability payments?
A: Retroactive payments are not paid in every case. But the majority of claims are awarded retroactive benefits payments. This is because the review and hearing processes can take very long for many cases. For the fortunate social security disability claimants whose cases are approved within a matter of months, retroactive benefits may not be necessary. The date of onset of your injury will be used to calculate back pay. It is important to apply for benefits as soon as possible, as there are limits to how far prior to your application date you are eligible to receive back pay.
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