CRITICAL SSD CASES

FILING THE APPLICATION IS THE ONLY WAY TO WIN CRITICAL SSD BENEFITS

The above listed conditions threaten lives. SSA recognizes that if you apply for benefits and you have these medical conditions, you may not live to be paid your benefits. So, instead of leaving your case on the normal waiting track, they fast track the case so you can get your benefits as soon as possible.

All of these medical conditions qualify for the SSA’s quick review process. As stated before, Social Security’s website publishes the full list of conditions. Go to the site and type “expedited review” in the search bar. That will give you the list. Obviously, if you are suffering from one of these conditions, then you may not have the ability to file for benefits on your own. You don’t have to do this on your own.

At our law firm, we will help you file your application. For instance, we can obtain much of the information we need by phone. If that doesn’t work, then we can pick up paperwork from you. We will do what we can to file your application as soon as possible.

Do not wait to contact our office. There is a 5 month waiting period for benefits for everyone who applies for SSD benefits. The 5 month waiting period means you wait 5 months for benefits. This applies even if you file your the application on the day you stop working.  Additionally, you can never get any benefit payment unless you take the first step and file an application. Every day you wait to file, is a day that you lose money.

PRESUMPTIVE DISABILITY OR BLINDNESS PAYMENTS – SSI CASES ONLY

If your case is for Supplemental Security Income (SSI) benefits or blindness, SSA may make presumptive disability (PD) or presumptive blindness (PB) payments for up to 6 months while you are waiting for the DDS to make a final decision.

SSA’s decision to grant PD or PB payments is based on the severe symptoms of your condition. It is also based on the evidence available at the time and the high chance that your claim will be granted. It is not based on your financial need.

PRESUMPTIVE DISABILITY EXAMPLES

• amputation of a leg at the hip;
• deafness; no ability to hear sound in either ear;
• total blindness; no light perception in either eye;
• allegation of bed confinement or immobility without a wheelchair, walker, or crutches, due to a longstanding condition. However, this excludes a recent accident and also a recent surgery;
• cerebral palsy, muscular dystrophy, or muscular atrophy and marked problems with walking (for example the use of braces), speaking, or coordination of the hands or arms;
• a doctor confirms by telephone or in a signed statement that an individual has a terminal illness with a life expectancy of six months or less; or a doctor or hospice official (for example, hospice care, staff nurse, social worker or medical records staff) confirms that an individual is getting hospice services because of a terminal illness:
• spinal cord injury that makes you unable to walk without the use of a walker or bilateral hand held assistive devices for more than two weeks with proof of such status from a medical source;
• end stage renal disease (ESRD) requiring chronic dialysis and the file contains a completed CMS-2728-U3 (End Stage Renal Disease Medical Evidence Report-Medicare Entitlement and/or Patient Registration).

CHILDHOOD PRESUMPTIVE SSD EXAMPLES

There are many childhood medical conditions that able to receive SSI benefits. This is not the complete list. However, here are a few that are critical SSD cases:

• Down syndrome;
• intellectual disability or another neurodevelopmental condition (for example, autism spectrum disorder) with complete inability to independently perform basic self care activities (such as using the toilet, eating, dressing, or bathing) made by another person filing on behalf of a claimant who is at least 4 years of age;
• child has not reached his or her first birthday and the birth certificate or other medical evidence shows a weight below 1,200 grams (2 pounds, 10 ounces) at birth:
• child has not reached his or her first birthday and available medical evidence shows a gestational age (GA) at birth with these corresponding low birth weights:
• – GA: 37-40 weeks; weight at birth: 2000 grams (4 pounds, 6 ounces) or less;
  – GA: 36 weeks; weight at birth: 1875 grams (4 pounds, 2 ounces) or less;
  – GA: 35 weeks; weight at birth: 1700 grams (3 pounds, 12 ounces) or less;
  – GA: 34 weeks; weight at birth: 1500 grams (3 pounds, 5 ounces) or less; or
  – GA: 33 weeks; weight at birth: at least 1200 grams, but no more than 1325 grams (2 pounds, 15 ounces) or less;
  – GA: 32 weeks; weight at birth; at least 1,200 grams (2 pounds, 10 ounces), but less than 1,325 grams (2 pounds, 15 ounces).

You can see why these cases of children, particularly those of low birth weight, qualify under the rules for critical conditions review.

NO REPAYMENT IN PRESUMPTIVE DISABILITY CASES

The main thing you need to know is that the SSA does not ask you to repay presumptive disability or PB payments. For instance, you do not have to pay back these benefits, even if you are later found to be not disabled or blind.  Therefore, it is important to call our Social Security lawyers and file for benefits today. There is nothing to lose and everything to gain by calling us.

Our lawyers and staff have years of experience helping people win SSDI and SSI benefits.  We have won critical conditions cases in the past. If you want to hire us to represent you win your benefits, then you may want to learn more about our law firm.

Learn about our lawyers and staff on our About Us page. For instance, Dianna Cannon has been helping people win Social Security benefits for thirty years. She has won thousands of SSDI and SSI cases. Her experience includes winning cases at the Appeals Council and in Federal Court.

Also, Brett Bunkall and Andria Summers have also won thousands of claims. Together, we have won over 20,000 SSDI and SSI cases for our clients. Many of those cases have been people with critical conditions.

Additionally, our law firm offers a free review of your case. There is no charge for us to look at the merits of your case. We can explain to you if you have a good case and also tell you if there is anything we can do to help you. If any of these critical conditions apply to you, call us now. You can also contact us.