Do I really have to wait 15 months to 2 years for a Social Security Disability Hearing?

Most claimants will have to wait that long for a hearing. However, there are a few situations in which the time period may be shortened: hardship exception and "on the record" request.

Hardship Exception: One of the exceptions is a hardship exception meaning you can ask that your case be moved up because your home is being foreclosed and you are behind in your essential bills. Another issue that may be considered is whether or not you have access to necessary health care. If you have other housing and are not homeless, this exception does not work. Almost everyone going through this process has financial hardship due to the fact that they cannot work to earn an income. Therefore, this is a very narrow exception.

"On the Record" Request: The other way that you could get your disability benefits sooner is to request an “on the record” decision. Again, this process is for claimants in certain categories. For example, if you are over 55 and sometimes over the age of 50, depending on your impairments and your medical records, you may be a candidate for an “on the record” decision. An “on the record decision can only be made once you are at the hearing level. This process involves a thorough review of the medical records, Listing of Impairments, your past relevant work and a review of the Social Security Regulations considering your age, education, and past work. The attorney submits a request and writes a letter or Memorandum setting forth their theory of disability citing to the record.

If your request for an “on the record” decision is denied, you still have an opportunity to have your hearing before an Administrative Law Judge and present your case. As an experienced Social Security Disability Law Office, we review all of our cases to determine if there is a high probability of getting an “on the record” decision.

Client testimonial: "Peggy Stevens is a good listener, with attention to detail. I felt that she was able to understand where I was coming from in my neuropathy case against Social Security. Because my neuropathy was increasing, she was able to expedite my case to a positive conclusion."