How to Win a Social Security Disability Claim Faster

If you're thinking of applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI)—or if you've already applied—you're probably aware that it can take the Social Security Administration (SSA) a long time to determine your eligibility for benefits. While wait times are different at each SSA office, on average, it can take anywhere from six months to two years to receive benefits. The good news is that there are a few ways to try to speed up the process.

Fill Out the Initial Application Correctly

The quickest way to get approved for disability benefits is to fill out the disability application thoroughly. Social Security denies a number of applications because they don't have enough information for the person reviewing the claim (the "claims examiner") to make a decision. It's very important to answer all questions on the application in detail and provide all necessary information. For example, when asked about your medical treatment, provide a list that includes:

• name of the clinic or hospital
• name of the doctor(s) who've treated you
• address and telephone number of the clinic or hospital
• a list of conditions you've been treated for, and
• dates of treatment.

It's also important to provide details about all of the jobs you've done in the past 15 years. You should include the following information:

• name of your employer
• dates of employment
• job title that was given to you by your employer, and
• a description of your job responsibilities.

Please see our article on applying for disability benefits for more information about how to complete your application for Social Security disability benefits.

Keep Up With Your Case

You should check in on the status of your case from time to time. By calling DDS (Disability Determination Services), you can sometimes "spur" the claims examiner to work on your case since, as the saying goes, "the squeaky wheel gets the grease." Checking the status also ensures that your case isn't hung up on waiting for medical records from your doctor.

For more information, see our article on checking the status of your claim.

File Your Appeals Before the Deadline

Getting denied will slow down your case, but there are ways to expedite what happens next.

When the SSA denies an application, you have the right to "appeal" the decision, which means that you request that your application be reviewed by someone who didn't take part in the first decision. During the first appeal, called a "reconsideration," a different claims examiner reviews the evidence submitted in the original application, along with any new evidence. During the second appeal, a hearing, a judge takes a fresh look at all of the evidence.

The SSA gives you 60 days to submit an appeal from the date of the decision. You can speed up the process by submitting an appeal as soon as possible, rather than waiting the entire 60 days, which delays your claim and puts you at risk of missing the appeal deadline. For more information about how to submit an appeal, see our section on Social Security denials and appeals.

Request a Favorable Decision Before a Hearing

If you have good medical records that document your medical conditions and how they limit your ability to perform any work activity, you could benefit from requesting an "on-the-record decision" or an "attorney advisor opinion."

On-the-Record Decision

An on-the-record (OTR) decision is a favorable decision (an approval) that an administrative law judge makes before a hearing is held for your case. The judge makes the decision based on the medical evidence in your file at the time the judge reviews your claim. An OTR request is more likely to be successful if your medical condition has gotten significantly worse since the last time Social Security reviewed your claim.

If you think your medical evidence is strong enough for you to win your claim without a hearing, you (or your lawyer) can request an OTR decision from your local Office of Hearings Operations. If the judge doesn't think there is enough evidence to give you a favorable decision, your claim will still be heard at a hearing.

For more information, see our article about on-the-record requests.

Attorney Advisor Opinion

An attorney advisor is a staff attorney at Social Security who is allowed to approve certain disability claims before a hearing is held. An attorney advisor may review your claim if you can show that:

• Social Security made a mistake in denying your claim
• you have new evidence to support your claim, or
• there was a change in the law that now supports your claim.

The attorney advisor will review your medical records and might schedule a conference with you or request additional medical records to get more information to be able to issue a favorable decision.

For more information, see our article on attorney advisor opinions.

Hire a Legal Representative

Hiring a legal representative to assist you with your Social Security disability claim may be the easiest and most effective way to make sure you receive a decision as quickly as possible. Experienced representatives (lawyers or advocates) are knowledgeable about Social Security's rules and regulations and will be able to:

• correctly submit your application
• monitor your case for updates
• obtain needed information
• submit evidence and requests to Social Security that may expedite your case, and
• appeal your case right away if you get denied.

For more information, please see our section about the benefits of hiring a legal representative.

Congressional Inquiry

Sometimes Social Security will expedite a decision if they receive a congressional inquiry. To obtain a congressional inquiry, you must contact your local senator or congressperson, explain your situation, and ask them to contact Social Security regarding your disability claim. Your senator or congressperson would need to contact Social Security and request that they schedule your hearing sooner, which can sometimes, but not always, help to speed up the process.

Critical Cases

The SSA is required to provide special processing of cases that are "critical." Having a critical case is the fastest way to get disability—you might be approved for benefits in one to two months, depending on your disability. Examples of critical situations include:

• an applicant who has a terminal illness
• an applicant who has a "compassionate allowance" case
• an applicant who is in "dire need"
• a veteran who has been found 100% permanently and totally disabled by the Department of Veterans Affairs
• a wounded warrior/military casualty case.

Terminal Illness

A terminal illness is a medical condition that is untreatable and is expected to result in death. Examples of situations and medical conditions that the SSA considers to be terminal include:

• receiving inpatient hospice or home hospice care
• dependent upon a cardiopulmonary life-sustaining device
• waiting for a heart, lung, liver, or bone marrow transplant
• certain types of cancer
• Lou Gehrig's disease (ALS), and
• acquired immunodeficiency syndrome (AIDS).

Your claim of having a terminal illness is not enough to get Social Security to expedite a claim. It's important to provide SSA with evidence of your condition and your prognosis from your medical records.

Compassionate Allowance

The compassionate allowance program is designed to quickly identify medical conditions that qualify for Social Security disability benefits under Social Security's evaluation handbook based on a small amount of medical information.

Applicants who have good medical records that easily show the applicant has all of the criteria for disability that are on the compassionate allowance list will qualify for expedited processing. For example, someone who has had a biopsy diagnosing sarcoma of the esophagus could get a decision from Social Security pretty fast—within a month.

Dire Need

A dire need situation exists when applicants claim they:

• are without food and have no way to obtain it
• are without medicine or medical care and can't obtain it because of lack of resources, or
• lack shelter or face eviction/foreclosure, with no way to change the situation or find other shelter.

If you're in any of these situations, writing a dire need letter, or having a disability attorney write one, could help speed up the process. The letter should explain why your claim should be processed more quickly than other claims and it should include documentation of the hardship you face. For example, if you're about to be evicted, you should include copies of the eviction notice and also explain why you're not able to get other shelter. For more information, see our article on dire need letters.

Veteran or Military History

Social Security will designate a case as critical when the applicant has received a 100% permanent and total (100% P&T) disability compensation rating from the Department of Veterans Affairs (VA).

Social Security may also designate a case as critical when the applicant is a current or former military service member who:

• sustained an illness, injury, or wound
• while on active duty status on or after October 1, 2001
• that caused a physical or mental impairment.

For more information, see our article on disability benefits for wounded warriors.

Presumptive Disability for SSI Applicants

If you're applying for Supplemental Security Income (SSI), you may be able to receive up to six months of payments before the SSA makes a final decision. To receive benefits for presumptive disability, there must be a high likelihood that your medical conditions will meet the criteria for disability detailed in Social Security's evaluation handbook and you must meet the income limitations of the SSI program. Some examples of conditions that qualify for presumptive disability include:

• total deafness
• total blindness
• amputation of two limbs or of one leg at the hip, and
• confinement to a bed or wheelchair.

For more examples and information, please see our article on filing for presumptive disability benefits.

_{Updated May 11, 2023}