Case Handling Practices at SSA

Observers of case-handling practices at SSA hearing offices often note inconsistency in how decisions are made as to which individuals receive priority, or earlier hearing dates in their appeals.

Representatives and claimants may wish to refer to recently amended rules to support an argument that a particular case should be given priority.

On February 12, 2009 the Social Security Administration issued new instructions to guide SSA hearing offices in how to establish criteria in which cases should be expedited for more rapid "critical case processing procedures." 

Ammendments to SSA HALLEX

The amendments to the SSA HALLEX rules provide for five situations warranting expediting evaluation of pending claims at the hearing level. 

The five situations are:

1. The claimant's illness is terminal.
2. The claimant is without, and is unable to obtain, food, medicine or shelter and therefore is considered to be in "dire need." The regulations state that a dire need situation exists when the person is unable to meet "an immediate threat to health or safety, such as the lack of food, clothing, shelter or medical care."
3. The case "involves" a disability claim by any military service personnel injured after October 1, 2001 provided that the claimant was on active military duty when the injury occurred.
4. There is an "indication" that the claimant is suicidal or homicidal 
5. The claim qualifies as a "Compassionate Allowance" case.The Administration has identified fifty qualifying medical conditions as constituting eligibility for a "Compassionate Allowance" Case.The majority but not all, of the qualifying conditions are terminal in nature.  The list includes acute leukemia, ALS or Lou Gerhig's disease; inoperable cancers or cancers with distant metastases involving the bladder, bone, breast, adrenal, head and neck, and small intestine.  For a complete list of the fifty conditions qualifying for "compassionate allowances", please see http://www.ssa.gov/compassionateallowances/

For further information concerning the recently enacted changes in the "critical case" regulations, see HALLEX I-2-1-40 which can be found at http://www.ssa.gov/OP_Home/hallex/I-02/I-2-1-40.html

• If You Have Been Denied or Need Help Collecting Social Security Income, Consult Your Case For Free with a Local Expert Social Security Lawyer.