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By Sam Schad on 2/3/2011 9:24 AM
continued from Part 1

Dire need has the obvious benefit of getting the hearing to happen faster.  If you have recently filed your Request for Hearing, this tremendously shortens your wait.  (At the time of writing, the average wait in the Louisville ODAR office was at 14 months, Indianapolis was 18 months, Evansville was 11 months, and Lexington was 10 months). 

The downsides?  If you are close to the end of your wait for a hearing, having your case designated as a dire need case will not offer you too much benefit.  And, if you are in the initial stages...
By Sam Schad on 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...
  

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Re: Part 2: Dire Need- An Unfortunate Consequence of Today's Economy
We are searching for a Trial attorney, and have been foreclosed on our home illegally by (GMAC/ALLY bank), it is in the ALL Attorney Generals website (NATIONWIDE) where GMAC/ALLY openly admits without going to court that they have illegally foreclosed on millions of homes nationwide, through fraud Loan Modifiactions .

We were told that we needed to stop making house payments for (three consecutive months) to qualify for this Loan modification, after we had (never been late on a payment in 10 yrs.) Our credit is now destroyed because of this fraud.

We were (given no notice AT ALL that we were being foreclosed on), and everything we owned was left in our home GMAC took from us and we were forced to leave.

Kathy (my wife is legally blind), "but she is able to talk to you about this case when you call", and I Jamey her husband is her power of attorney. The sheriff drilled a hole in the doorknob and came in and made us leave our home. I phoned my children that were in school and told them not to come home from school, because we were on the streets walking since our car also broke down.

We are now homeless, we have no family, and all our children are seperated from us, and they are living with strangers.

We appreciate you concern, and kindness in this devastating matter.

Kind Regards,
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Schad and Schad, P.C.- Briefings - Part 1: Dire Need- An Unfortunate Consequence of Today's Economy
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Re: Call Us Before You Apply for Disability
I wish to file for disability
History of Breast Cancer = chemo affected brain
Fibromyalgia = pain & fibrofog issues
Depression = Anxiety, Depression, PTSD (some say bipolar, some say no)
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I am getting a lof of flack at work, they only have me on 1/2 the amount of work that I could be on - because I am unable to move any faster in between my phone calls that I take. My brain freezes up. I forget everything. I forgot my address, my granddaughter at school, I ask my daughter to come to me and then ask her what shes doing there (forgot I wanted her to come here).

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I might lose my job tomorrow because I had to have off for a couple days doing to being immobile for 2 days due to fibromyalgia. But if not, I need to know the right time to apply for disability...

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