Can You Expedite a Social Security Disability Hearing?
Q: Is there anything you can do to hurry along scheduling for a social security disability hearing?
A: By the time a social security disability case makes it to a hearing, it has often been in the system for years. Finding a way to expedite the hearing cycle would be welcomed by most applicants. It is not easy, however, to do this. If a claimant is suffering major financial trouble due to the long wait for benefits, he can file a letter of dire need. You must also submit proof (foreclosure notices, utility late notices, creditor statements, etc.) of your dire circumstance. The Office of Hearings and Appeals can then decide if expediting the hearing process is appropriate. Another option is to request an on the record review. Such a review allows your case to be evaluated by the Office of Hearing and Appeals before the actual hearing. If all goes well, your case is approved at the on the record review and will not have to be heard before a judge. The last way to attempt to expedite the hearing process is through an inquiry via your Congressman or Senator. If your Representative or Senator supports the need to have your case expedited, his or her office will call or send a letter to the Hearing Office. If you desire to expedite your claim, it would be wise to do so with the assistance of a social security disability attorney.
Q: Why is the date of onset important?
A: The date of onset is simply when your medical condition began and, as a result, you could not longer be employed. It is important to establish an accurate date of onset, since all social security disability benefits due to you will be based on that date.
Q: Does everyone who is awarded social security disability benefits receive back pay?
A: No, not all claimants receive back pay. But the majority of claims are awarded retroactive benefits payments. This is because the review and hearing processes can take very long for many cases. For the fortunate social security disability claimants whose cases are approved within a matter of months, retroactive benefits may not be necessary. Past due benefits are based on the onset date of the condition. Regardless of the date of onset, an applicant can only receive retroactive benefits for up to a year prior to the date he or she applied for social security disability.