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Navigating the Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) claim process can be challenging and lengthy. Many claimants wait months for a decision on their claims, which often creates financial hardships for them.
There is not much you can do to speed up the application process. If the SSA denies your application and you must appeal, it gets even harder. Claimants frequently wait a year or more for a hearing before an administrative law judge (ALJ).
Waiting for the typical processing time isn’t a viable option for some individuals facing immediate and severe hardship. The Social Security Administration recognizes that some people applying for Social Security Disability need to have their claims processed faster than others because of a critical condition. The SSA refers to this as a “dire need,” and there are rules in place for making these processes speedier, found in HALLEX I-2-1-40 and HALLEX I-3-1-51 for hearing cases and appeals council cases, respectively. In these rules, it is said that five types of cases deserve critical case procedures:
- TERI cases, when a person’s illness is terminal.
- MSCC cases are for veteran applicants who suffered injury on or after October 1, 2001.
- CAL cases, which are flagged as compassionate allowance cases.
- The applicant cannot get needed food, medicine, or shelter—also known as a dire need situation.
- The claimant is suicidal or homicidal.
These types are mostly self-explanatory, but I will explain this fourth variation further to help you better understand the requirements for faster processing if you are in “dire need,” as allowed in HALLEX I-2-1-40 B.4.a
Here is everything you need to know about dire need situations, such as writing an effective dire need letter and submitting a request for critical case status to Social Security.
What Is a Dire Need Situation?
The SSA recognizes a dire need situation when a claimant faces a threat to health or safety because of an inability to get food, medicine, or shelter. Specifically, the SSA will consider a case to be of dire need if:
- The claimant is without food and cannot get it.
- The claimant lacks medicine or medical care and cannot get it, or access to necessary medical care is restricted because of a lack of resources.
- The claimant lacks shelter (e.g., without utilities such that his or her home is uninhabitable, homelessness, expiration of a shelter stay, or imminent eviction or foreclosure with no means to remedy the situation or get shelter).
Proof of the lack of health insurance or access to health insurance because of restricted finances can be considered a “dire need.” A shutoff of utilities in a home, making it uninhabitable, or an imminent eviction from a home with no means to change the situation is also good proof. Ask your disability lawyer (if you have one) what specific information you should provide to support your claim of “dire need.”
Will a Dire Need Letter Really Speed Up My Case?
The Social Security Administration receives numerous dire need letters, making it challenging for your letter to stand out. However, a compelling letter can increase your chances of being acknowledged.
The SSA will classify a situation as dire if there is an actual threat of homelessness, such as an impending foreclosure or eviction. While Social Security acknowledges the lack of utilities, food, or medical care as a dire need, because of the vast volume of requests, only the most pressing cases often gain traction at OHO.
It’s also important to understand that a successful dire need request may not mean a significantly earlier disability hearing. It might expedite the process by a few months at most. Still, even a reduction of a few months can be crucial for those in extreme situations. It could distinguish between enduring the appeal process and facing devastating consequences.
Tips for Writing an Effective Dire Need Request
If you believe you are in a dire need situation, notify the SSA Immediately. Whether you’re in the initial application process or are appealing a decision, make your circumstances known to the SSA immediately.
If you face potential homelessness because you cannot pay your rent or mortgage, address this issue first. If you are behind on bills, list your outstanding bills and how behind you are on payments. Detail any difficulties in paying for medications or accessing necessary medical care. If your vehicle is at risk of repossession, state the number of missed payments. If purchasing food or covering essential costs like utilities is a challenge, address this, too.
You need to provide as much detail as possible about your situation. The more evidence and documentation you can provide to substantiate your claim of dire need, the better. Make sure you attach relevant documents, such as:
- Unpaid bills or letters requesting payment.
- Eviction or foreclosure notices.
- Warnings that your utilities will be disconnected.
- Notices regarding repossession of your vehicle.
Example of a Dire Need Letter
Below is a sample dire need letter that claimants can adapt to their specific circumstances:
[Your Name][Your Address]
[City, State, Zip Code]
[SSN or Claimant ID]
[Date]
Social Security Administration
[Address of the Local SSA Office]
[City, State, Zip Code]
Subject: Request for Dire Need Consideration—[Your Full Name]
To Whom It May Concern,
I am writing to request that my Social Security Disability claim get critical case status because of a dire need situation. I am currently facing [specific dire need situation, e.g., “an eviction from my residence within the next two weeks”].
Because of my debilitating medical conditions, [briefly describe your conditions], I cannot work and secure an income. As a result, I am struggling to meet my basic needs and those of my family. Attached are supporting documents that highlight the urgency of my situation [describe the documents, e.g., “including my eviction notice and a statement from my doctor detailing the importance of my medications”].
I know the SSA has processes to follow, but I sincerely hope you can consider my circumstances and expedite the review of my disability claim. My situation is becoming increasingly dire, and your prompt attention to my case could significantly impact the well-being of my family and me.
Thank you for your consideration and understanding. I am available for any further information or documentation you might require.
Sincerely,
[Your Full Name][Your Contact Information]
Where to Submit Your Dire Need Request
Your disability lawyer, if you have one, can submit your claim of “dire need” on your behalf. If you do not have a lawyer, you can submit a “dire need” letter on your own.
Submit your dire need request letter to the Office of Hearing Operations (OHO) that serves your area. You can get the address for the right office by calling the Social Security Administration, using the online hearing office locator, or from any written correspondence you may have received from the OHO.
A Social Security Disability Attorney at Ortiz Law Firm Can Help with Your Claim
The dire need request offers a lifeline for SSDI or SSI claimants in desperate situations. If someone believes they qualify, communicate the situation’s urgency to the SSA and provide ample evidence. If you need help with your Social Security Disability claim, call the Ortiz Law Firm at (888) 321-8131.