Can I Receive Social Security Benefits While Waiting for a Disability Determination?
If you’re disabled and relying on an approved SSA claim to pay your bills and provide for yourself, the thought of waiting months for a disability determination can be stressful. However, there are situations in which you may receive partial or full benefits while waiting for a final disability determination. Find out if you meet the requirements for early payments and how you can pursue these payments by talking to a Florida disability attorney.
Ready to discuss your disability claim with an attorney? The team at Baker & Baker is here to help. Call us at 850-433-0888 to schedule a consultation now.
Compassionate Allowances
First, you may want to find out if you qualify for benefits under a compassionate allowance. This process helps the SSA identify people with immediate needs due to a serious diagnosis, allowing them to provide benefits without delays caused by the application process. The list of compassionate allowance conditions is long, so it’s good to discuss your diagnosis with your attorney to find out if you qualify. Some qualifying diagnoses include acute leukemia, Creutzfeldt-Jakob Disease, Trisomy 18, fatal familial insomnia, and thyroid cancer.
Presumptive Disability
Those who may qualify for SSI payments may get financial support before their final claim is approved through the presumptive disability process. This process assumes that an applicant will be approved due to the severity of their condition and the strength of their application. However, this process does not look at an applicant’s financial need. If an individual qualifies for a presumptive disability decision, they may receive payments immediately.
Even if the individual is later found not to qualify, they are not required to repay the funds. Some qualifying diagnoses include Down syndrome, blindness, severe mental deficiency, terminal illnesses expected to result in death in less than six months, and amputations. Again, the qualifications for these payments can be fairly complicated, so you’ll want to bring this option up to your Florida disability lawyer if you think you qualify.
Dire Need Cases
While most disability applicants are counting on the SSA to come through with payments, there are some for whom payments are truly a life-or-death issue. For those who are in dire need of financial support, the SSA may rush to provide a disability determination. This option may be available to applicants who do not have the money needed to secure food, shelter, or medicine.
The applicant or their attorney must submit a dire need letter that informs the SSA of the applicant’s difficulties and explains why waiting for a disability determination could be dangerous for them. The SSA will look into whether or not the applicant is in dire need and then decide whether or not they can provide immediate assistance. While you do not need to provide evidence of your claim, doing so can be very beneficial in getting your application processed.
What types of documentation can you provide in these circumstances? You might want to submit an eviction letter from your landlord, a foreclosure notification, proof that you can no longer stay in the homeless shelter you have been living in, proof of medical expenses that you cannot pay, and proof that you do not have money for food or other imminent needs.
How an Attorney Can Help
If you are losing sleep over the possibility of a disability denial or a long delay, you do not have to go through this alone. Working with a Florida disability attorney can give you very helpful insight into your options and help you submit the strongest possible application. While some people wait until their application has been denied before they speak with an attorney, doing so before you even apply can help you save time and avoid mistakes.
Choose Baker & Baker for Your Disability Claim
Looking for personalized assistance with your disability claim or denied application? Choose the team at Baker & Baker for the help you need. We focus exclusively on disability law so we can keep up to date with the latest changes from the SSA. Our goal is to help as many clients as possible get the SSI and SSDI payments they need. Schedule a consultation with our team now by calling us at 850-433-0888 or filling out our online contact form.
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