Expediting Hearing

We often post about the constantly increasing time that it takes to get a Social Security Disability (“SSD”) hearing. The average waiting time is now up to 633 days. Thousands of the most impaired SSD claimants are even dying while they wait for a hearing. Claimants should be aware that there are circumstances where you can get your hearing expedited. 

We represent a 49 year old former custodian with back and knee problems. In addition to the claimant's medical records, we submitted her mortgage statement and utilities bill that showed she was seriously in arrears. The claimant's situation had become dire as she had no income or savings. PSE&G threatened to turn off the claimant’s power, and her mortgage company was threatening to foreclose on her home. Consequently, we asked Social Security to expedite the claimant's case to prevent her from becoming homeless. 

The claimant's hearing was expedited and scheduled within 75 days, which required waiving the advance notice period. Administrative Law Judge (“ALJ”) Alan Berkowitz held the hearing yesterday. When the hearing was completed, ALJ Berkowitz announced his decision, which ALJs rarely do, approving SSD benefits. Kudos to ALJ Berkowitz for deciding the claimant’s case immediately in recognition of the claimant’s dire need situation. Hopefully, the ALJ will promptly issue a written decision so the claimant can get paid as soon as possible.