Can You Get Approved For Disability Before Your Hearing?
Yes, you could be approved for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) before your hearing, which means you’d receive your benefits sooner.
Here are some situations where that might happen:
Your Initial Application is Approved: If your initial application includes compelling evidence that clearly showsyou meet the disability requirements, the Social Security Administration (SSA) may approve it without a hearing.
You’re Approved During Reconsideration: If your initial disability application is denied, it moves to the reconsideration phase. This means individuals not part of the initial denial review your case. If your application is approved at this stage, a disability hearing won’t be necessary.
The Judge Makes an On-the-Record Decision: An on-the-record (OTR) decision is a ruling made by an administrative law judge (ALJ) based solely on the medical evidence. If the records clearly show that you meet the disability criteria, the judge may approve your claim without requiring you to appear in person.
The SSA Makes a Quick Disability Determination (QDD): The SSA uses predictive modeling to identify disability cases likely to be approved, allowing for a quicker decision. So, if you have a severe disability, your Social Security disability claim could be approved in as little as a few days.
The SSA Grants You a Compassionate Allowance (CAL): The CAL program fast-tracks benefits for people with severe medical conditions that clearly meet the criteria for disability. It helps the SSA quickly identify and approve applicants who are obviously disabled, often without an SSDI hearing.
You Get Approved Under the Terminal Illness Program (TERI): The SSA’s TERI program fast tracks claims for people with terminal illnesses, like stage IV cancer, amyotrophic lateral sclerosis (ALS), or end-stage renal disease.
More About On-The-Record (OTR) Decisions
You typically have to wait until your claim has been denied at the reconsideration phase and your case is scheduled for a hearing before you can request an OTR decision. There are two ways to get one:
The Hearing Office Can Initiate It: If you provide new evidence supporting your disability, the hearing office may decide a hearing isn’t needed and ask the judge for an OTR decision.
You Can Request It: To help ensure your case is reviewed promptly, you can request an OTR decision at your local Office of Hearings Operations (OHO) after filing your appeal. The Denver office is located at 1244 Speer Boulevard.
Common Reasons Why Disability Claims Are Denied Initially
Lack of medical evidence
Inadequate medical records or test results
Failure to provide detailed information about medical treatment and symptoms
Incomplete or inaccurate application forms
Failure to meet eligibility requirements
Condition not considered severe enough to meet SSA’s criteria
Why Compelling Medical Evidence is So Crucial
Medical evidence is the most crucial part of your disability claim. A judge will likely approve it only if you can prove that your condition meets SSA’s disability standards.
Make sure your medical records clearly prove your disabling condition through evidence like MRIs, X-rays, CT scans, and blood tests. If you’re being treated by specialists such as cardiologists or psychiatrists, include their evaluations. These medical experts can provide more detailed insights than general practitioners can.
Having your doctor fill out a Residual Functional Capacity (RFC) form can further bolster your claim. This document shows how your medical condition affects your ability to perform work-related activities.
How to Strengthen Your SSDI Benefits Case
To increase your chances of getting your disability claim approved, consider having your doctor perform the medical exam instead of the one provided by the SSA. Because the SSA requires up-to-date medical evidence to decide your claim, consultative exams are done when your doctor hasn’t seen you in three months or more.
At a Social Security hearing, an ALJ is much more likely to consider your doctor’s opinion— especially if they have a long history of treating you—than a physician appointed by the SSA, who only sees you once. Besides, consultative exams rarely result in approvals.
SSA looks at your functional abilities, not just your medical condition, when evaluating your disability, which is why clearly describing the demands of your past jobs is so important. If the examiner determines you can’t perform any of them, they’ll move to the final stage of the evaluation.
At this stage, the SSA assesses whether you can do any other kind of work, considering your abilities, education, age, work history, and transferable skills. If they determine you can’t work in any capacity, you may be eligible for a medical-vocational allowance.
A medical-vocational allowance is a way to get your disability claim approved if your condition isn’t severe enough to be listed in the SSA’s Blue Book (the list of recognized disabling medical conditions) but still keeps you from doing your old job or any other job,
A vocational expert (VE) helps the judge understand what jobs you can do despite your limitations. The judge will ask the VE a series of hypothetical questions about what types of work someone with your limitations could perform. This helps the judge determine if your disability prevents you from working.
If you have a lawyer, they can challenge the VE’s claims, especially if the VE believes you can do more work than you’ve indicated. You can expect a hearing decision within a few weeks or months.
The Benefits of Hiring a Disability Attorney to Handle Your Claim
Hiring a Social Security disability lawyer from a reputable law firm can reduce your stress levels significantly. Handling a disability claim involves a lot of paperwork, strict deadlines, and constant back-and-forth with the SSA, all of which can be overwhelming.
A Social Security disability lawyer knows the complex rules and procedures of the SSA inside and out. They’ll help you gather medical evidence and complete forms accurately.
If your claim proceeds to the hearing level, they’ll assemble a compelling case that meets the SSA’s strict requirements, including questioning witnesses and challenging unfavorable evidence. They know what it takes to win a case and can help you present your best argument.
Final Thoughts
Getting approved for disability benefits can be a long and arduous process, and the initial approval rate is low. However, it can be done.
Whether you have a terminal illness or a long-term medical condition, there are ways to get Social Security Disability benefits faster—sometimes, even without a hearing.
If you’re struggling with the disability claims process, consider hiring an attorney to help you get the benefits you need. Many of them offer free consultations.