Social Security Disability & The "Critical Case"

As anyone knows who has applied for Social Security Disability benefits, or who has read the numerous investigative articles in prominent newspapers, it can be a notoriously long wait for a hearing before a Social Security Disability administrative law judge.

You are disabled and unable to work – your rent comes due, your gas and electric bills and grocery bills go unpaid – but you are still made to wait for your day in court, because of a "backlog" of Social Security Disability cases and "budget constraints" that limit the number of judges the administration can employ. This is a terrible and unjust situation, and we call on the administration, and our congressmen and women, and our senators, to address this all-important situation as quickly and effectively as possible.

Are you eligible as a "critical case?" Contact us in NYC at The Klein Law Group, P.C., immediately to discuss your situation. Free consultations. Call one of our New York attorneys right now at 917-639-5350.

The 'Critical Case'

Meanwhile, the "Critical Case" is a way around the long wait. It is not easy to obtain this exception, but it is possible.

The Social Security Administration publishes a manual of regulations called HALLEX. In HALLEX, there are rules governing the "Critical Case." If you are successful in being determined to have a "Critical Case," you will be treated as an expedited priority and will see a judge much faster.

To be determined as having a "Critical Case," you must prove either:

  1. That you have a "dire need," for an expedited hearing or
  2. That you are suicidal or homicidal or
  3. That your condition is terminal

As you can imagine, the administration most frequently sees applications for an expedited hearing on the basis of "dire need." To qualify as having a "dire need," you must prove not merely that you are in a bad situation where money is concerned, but that you are unable to provide yourself and your loved ones with life's basic necessities: shelter, food or vital medications.

Although every single disabled man and woman deserves a speedy day in court, it should offer some comfort to the neediest of the disabled that there is a way, as a "Critical Case," to cut through some of the red tape to swifter justice.

Do You Have a 'Critical Case?'

Find out more about eligibility as a "Critical Case" in New York immediately. If your situation is dire you need to act quickly. Contact us online or call 917-639-5350 to speak to one of our lawyers.