At Schad and Schad, we take great time and effort to educate clients about the disability process and what it is that we do.

You know you have depression.   You're disabled by it and can't work.  Now what?

schadlaw.com/Briefings/tabid/98/EntryId/16/Depression-in-Social-Security-Disability-Claims-Part-2.aspxWhen disability strikes, it can sometimes take a while to realize that your life has changed dramatically.  In this article, we take a look at how that can affect your Social Security Disability claim- if at all.

Over the years (and decades), we have come to realize that there is actually very little advice that a disabled individual can get before they apply for Social Security disability benefits.   As mentioned in a previous posting, we accept cases prior to the initial application for disability all the time, even in situations where there is a chance we might not get reimbursed for our efforts.

We would much rather speak with our clients before they apply.  It gives a better understanding of the issues impacting the claim as well as a better opportunity to develop the case before that all-important first decision by the SSA. 

When should you call us?

While you are still working and need some advice on how to make as smooth a transition to disability benefits as possible. When you are still in a managed care facility, or an extended stay in the hospital. Immediately following a severe episode that results in an overall decline of your condition on a permanent basis. We'll...

 On a regular basis, we receive many phone calls that start out something like this:

 

“Hi, my name is X, and I’d like to look into filing for Social Security. My doctor says I am disabled and I can’t work.”  

 

Let me begin by saying that this is actually a very valid reason to apply for disability benefits.  At the very least, it’s an excellent point to begin thinking about the process.  Now, if it were only that easy.…

 

If your doctor has stated you’re disabled, feel free to call us.  We’ll be happy to talk.  But at the end of the day, there is much more work that needs to be done before you file for your initial application.  The reason?  While your doctor may feel that you are disabled, the Social Security Administration has the final say on the matter.  The question of whether or not you are disabled is an ‘issue reserved to the Commissioner’ of the SSA- and it’s one that they take quite seriously. 

So what do you do?  Your doctor has just said that you...

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...

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...