How to Get an Early
Decision from Social Security
With delays in the Social Security hearing system approaching three years, you wonder if there is any special language that can result in an early approval at the initial application or reconsideration stages. 4SocialSecurityDisability.net interviewed several disability lawyers as well as SSA personnel and here is what we have learned about how to get approved early:
- By far, your best chance at early approval arises from cases that meet a listing. Social Security disability listings (click on the link to visit) set forth medical criteria for disability. In other words, if your medical condition meets a listing definition, SSA assumes that your work capacity is significantly impaired. By contrast, if you do not meet a listing, you have to produce evidence showing both a severe medical problem and a significant work capacity limitation arising from that medical problem. The listings that seem to result in the quickest decisions are as follows:
- 1.05 - Amputation of a limb
- 2.02-2.04 - Severe vision issues
- 3.02 - Chronic pulmonary insufficiency
- Listing 4.0 - Severe heart disease
- 5.06 - Ulcerative colitis
- 9.08 - Diabetes unresponsive to treatment with vision and nerve complications
- Listing 11 - neurological conditions such as epilepsy, Parkinsons, Multiple Scleroris, ALS, Muscular Dystrophy and Cerebral Trauma
- Listing 13 - cancers
- 14.08 - AIDS
This is not to say that other listings will not result in a quick decision; however the above listings are seen more regularly by adjudicators.
- If you have any listing level condition, it is imperative that your treating physician track the language of the listing when writing a narrative report. Disability lawyers use form checklists that track the listing language.
- If you are trying to show disability based on a listing, the adjudicator will want to see what is known as a “longitudinal treatment record.” This means that there needs to be on-going medical treatment over an extended period of time.
- If your case is not listing level, but instead is based on your inability to perform the tasks of even a simple, unskilled job 8 hours a day, five days a week, you will need a clear statement to that effect from your treating physician. Our experience has been that adjudicators are looking for both a physical and a mental health component. Many attorneys, therefore, recommend that you always include an allegation of depression (I am frequently depressed and have difficulty remembering things or concentrating on tasks at hand) when you apply. If you allege depression, the adjudicator will likely refer you out for a psychological consult. These psychological exams often yield reports which identify significant work impairments such as depression, severely impaired concentration, or poor reliability.
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