There isn’t any question that I dread more than this one. Over and over I’m asked this by claimants with serious impairments that prevent them from working who nevertheless must wait in line for a hearing to be scheduled. In Portland Oregon, where our average wait for a hearing is about 390 days, they will wait a long time.
Of course I tell them about the tools I do have – an on-the-record request or a request for “critical case processing. For those unfamiliar with these terms:
(1) An On the Record request for approval can be made prior to a hearing been held. An on-the-record request is only appropriate when the medical evidence is strong and there are no complicating issues such as onset date questions or drug or alcohol use. The decision on these requests may be made by a staff attorney at the Office of Disability Adjudication and Review or by an administrative law judge.
(2) A request for Critical Case Processing. Five situations warrant instituting critical case processing procedures:
- The claimant’s illness is terminal;
- The case involves a disability claim for military service personnel injured October 1, 2001 or later while on active duty;
- The claimant’s file is flagged as a Compassionate Allowance case;
- The claimant has a “dire need” because he is homeless;
- There is an indication that the claimant is suicidal or homicidal
But many folks do not fit into these categories. For them, the only option is a long wait. What else can we do? In Portland, we are fortunate to have a guide to free and low-cost resources that is updated several times a year – The Street Roots Rose City Resource. If you haven’t seen it and you live in Portland, get a copy.