After a Social Security denial, a formal hearing request must be filed to put your case in line to be heard by an Administrative Law Judge. The problem is that hearings in the Albany, NY area usually take between 8-12 months to be scheduled.
The Social Security Administration has defined a dire need situation which may allow a claimant’s case to be heard without such a long wait. A dire need is demonstrated when a claimant does not have enough income or resources such that their health and safety is being compromised. This means that the person is at serious risk because of lack of food, clothing, shelter, or medical care.
It is extremely difficult to demonstrate dire need. In reality, almost everyone waiting for a Social Security hearing is having financial difficulties since most have not had any income for many months. Often times, a claimant can write a letter specifically documenting their situation. Including information that pertains to lack of food, shelter, or necessary medication, or medical care can be very helpful. Social Security often requires more than that. Letters from friends or family confirming these circumstances are often helpful. Foreclosure, eviction, or collection notices can also be helpful.
Dire need letters do not always avoid a lengthy delay in receiving your hearing date but certain circumstances may allow the Social Security Administration to expedite the scheduling of your day in court.
