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Critical Conditions Cases - Expedited Review

The SSA considers some medical conditions to be critical cases. A critical case means we can request that your case receive special attention. Or, what is known as an “expedited review.”  When Cannon Disability Law requests expedited review your case moves quickly through the disability review process. Therefore, your benefits come faster.  Only certain disabilities qualify for money. You may think you have a critical case, but you will need to review the list to see. You can find some critical conditions in the list below. But the full list of disabling conditions that qualify for quick processing is found at ssa.gov. Call us or contact us now to see if your case qualifies as a critical case. Our phone number is (801) 322-2121

Terminal Diseases qualify as Critical Conditions Case

Some of the conditions are:

  • Lou Gehrig’s Disease
  • Terminal Illness
  • Heart Failure
  • Requiring 24/7 Oxygen and Inability to Care for Personal Needs
  • Mesothelioma

Cancer qualifies as a Critical Conditions Case

  • Any Stage IV Cancer
  • Cancer of the Esophagus
  • Cancer of the Liver or Pancreas Brain Cancer

Awaiting Organ Transplant Also Qualify

  • Lung Transplant
  • Heart Transplant
  • Liver Transplant
  • Bone Marrow Transplant
  • Receiving Home-Hospice Care Services
All of these disabling impairments are severe diseases that threaten the lives of claimants. SSA recognizes that if you apply for benefits and you have these impairments, you may not live to see the benefit you work for. So, instead of leaving your case on the normal waiting track, instead they fast-track the cases so the claimant can receive benefits as soon as possible.

FILING THE APPLICATION IS THE ONLY WAY TO GET BENEFITS

All of these disabling conditions qualify for SSA’s quick review process. As stated before, ssa.gov 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 disabilities, you may not have the ability to file for benefits on your own. At Cannon Disability Law, 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, we are flexible, and can pick up paperwork from you. We will do what we can to get your application filed as soon as possible.

Do not hesitate to contact our office. There is a 5 month waiting period for benefits for everyone. The 5 month waiting period means you wait 5 months for benefits, even if you file your the application on the day you stop working.  Additionally, you aren’t eligible for any benefits unless you 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 for disability or blindness, SSA may make presumptive disability (PD) or presumptive blindness (PB) payments for up to 6 months while you are waiting for the Disability Determination Services (DDS) to make a final decision. SSA’s decision to grant PD or PB payments is based on the severity of your condition. It is also based on the evidence available at the time and the high likelihood that your claim will be ultimately approved. It is not based on your financial need.

PRESUMPTIVE DISABILITY EXAMPLES

  • amputation of a leg at the hip;
  • deafness; that is, no sound perception in either ear;
  • total blindness; that is, no light perception in either eye;
  • allegation of bed confinement or immobility without a wheelchair, walker, or crutches, due to a longstanding conditionexcluding recent accident and recent surgery;
  • cerebral palsy, muscular dystrophy, or muscular atrophy and marked difficulty in walking (for example the use of braces), speaking, or coordination of the hands or arms;
  • a physician 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 physician or knowledgeable hospice official (for example, hospice coordinator, staff nurse, social worker or medical records custodian) confirms that an individual is receiving hospice services because of a terminal illness:
  • spinal cord injury producing an inability to ambulate without the use of a walker or bilateral hand-held assistive devices for more than two weeks with confirmation of such status from an acceptable 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 DISABILITY EXAMPLES

  • Down syndrome;
  • intellectual disability or another neurodevelopmental impairment (for example, autism spectrum disorder) with complete inability to independently perform basic self-care activities (such as toileting, 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 attained 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 attained his or her first birthday and available medical evidence shows a gestational age (GA) at birth with these corresponding 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).

NO REPAYMENT IN PRESUMPTIVE DISABILITY CASES

Most importantly, the SSA does not ask you to repay these PD or PB payments. You do not have to pay even if you are later found not to be disabled or blind.  Therefore, it is important to call a lawyer and file for benefits. There is nothing to lose and everything to gain by contacting us. We will talk to you for free. There is no charge for us to evaluate your case. If any of these disabilities apply to you, call us now. You can also contact us on this website.

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