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:
- That you have a “dire need,” for an expedited hearing or
- That you are suicidal or homicidal or
- 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.