Feb
1
Written by:
Sam Schad
2/1/2011 9:41 AM
The last few years have been very difficult for many folks. Even those that were able to 'hang on' through the Recession still struggle as the economy improves. The SSA provides very specific rules on how these hardships can qualify you for a speedier hearing.
Alleging "dire need" is a special tool that we use here at Schad and Schad to get our client's hearings to go a bit faster. The Dire Need rules were created to keep the system from failing at it's most critical juncture: the hearing. The hearing is the embodiment of due process in a Social Security Disability claim, and is truly that 'day in court' that most people speak of and to which they feel entitled.
Dire need is well defined by the SSA's Office of Disability Adjudication and Review (ODAR). ODAR has a special body of rules, called HALLEX, that specifically defines when and how dire need will be applied.
Having your case designated as a dire need claim is (generally) not a real solution for most people. In order to be considered for dire need, you must be "without, and unable to obtain, food, water or shelter". It's really all in the wording: there is no mention here that you "may be" or might "soon" be without food, water or shelter. HALLEX requires that you be without before claiming dire need. This means that the ODAR office will not generally speed your case up until an unfortunate event comes to light. And, by that point, a hearing to decide you are disabled comes too late. The hearing typically takes 6-12 weeks (sometimes 16) for the ODAR office to schedule. For this reason, most folks who have received eviction notices or are being served with foreclosures will find a dire need hearing quite unhelpful.
But there is hope. In Part 2 of this series, we'll take a look at what you need to do to prepare for dire need situations.