Applying for Social Security Disability benefits can be a challenging process. There is a lot of material to gather, a lot of paperwork to fill out, and then, a lot of waiting. Are you concerned about how long the wait may take? Would you like to learn about how you might be able to speed up the process? There is one option to consider; however, you should think about it carefully. The 75-day waiver might get your case heard sooner but it could leave you at a disadvantage on the day of your hearing. Why is this the case? Who would want to sign the 75-day waiver?
What is the 75-Day Waiver?
What is the 75-day waiver? First, it centers around the SSA’s policies. The SSA policy is that they must notify you, as the applicant for disability benefits, at least 75 days in advance of your hearing date. Essentially, this means that after receiving a notice that your case will be heard, you need to be given at least 75 days to properly prepare. This gives you time to gather all of the information you need to make the strongest possible case to the SSA at your hearing.
So, what does the 75-day waiver mean? The 75-day waiver is a form you can sign that waives this 75-day notification period. If you waive this period, you are telling the government that they do not need to give you 75 days of advance notice prior to your case being heard. Because some cases are canceled or rescheduled, there are short-notice slots available. Therefore, the government will try to fill those slots with cases that are ready to be heard. When a slot becomes available for whatever reason, the court will refer to the list of claimants who have opted out of the 75-day notice. Then, they will use this list to fill the open slots.
Finally, the benefit of signing the 75-day waiver is that it would allow you to get your case heard faster. If a slot opens up on short notice, the government could use your case to fill that open slot. You could start receiving your benefits sooner. Of course, it is important to think about the disadvantages of having a case heard on short notice as well.
What are the Drawbacks of Signing the 75-day Waiver?
What are a few of the disadvantages of signing the 75-day waiver? How does this impact my case? Most of the drawbacks that come with signing the 75-day waiver center around a shorter time to prepare your case. Remember that the SSA standard is to give applicants at least 75 days notice so that you have enough time to gather information and prepare for your hearing. By signing the waiver, you are surrendering this advanced notice. Some of the issues that you might face with a shortened time-frame include:
The hearing could be scheduled without giving you enough time to prepare your claim
Medical providers and hospitals might not have enough time to provide you with the medical records for your hearing
Essential information could be left out at the time of your hearing
You might not be adequately prepared for what to expect at your hearing
Why do these drawbacks matter? They could result in an unfavorable decision at the time of your hearing. While not everyone will have their case approved, everyone does deserve to maximize their chances at winning an approval. This often means having enough time to prepare with all of the information at your disposal. In the end, this requires time.
Who Should Consider Signing the 75-Day Waiver?
Is the 75-day waiver an option for me? Is this a box that I should check? The biggest benefit of signing the waiver is that it might help you get your case heard sooner.
The reasons why you want to get your case heard sooner include:
You are in dire need of assistance
You are facing a terminal illnesses
You are facing homelessness
Do you want your case heard sooner? You may think about signing this form. On the other hand, sooner is not always better. Those who are facing terminal illnesses or homelessness also have their cases flagged in the system for faster processing, already.
Additional Information: What You Need to Know
What else do I need to know about my hearing process? There are some other important points you should remember regarding the 75-day waiver and medical records. First, most healthcare institutions that are furnishing records will request up to 60 days to provide this documentation. While it would be unusual for an institution to take the full 60 days, individuals with a complex past medical history might have a hefty record that can take some time to process and send. You should plan accordingly.
What about the medical records? The rules about medical records concerning Social Security Disability benefits hearings have changed. Your records need to be submitted to the governing body at least 5 days before the day of the hearing. Without this grace period, your medical records will not be considered in your hearing process at all. Because the medical records are one of the critical determining factors in any SSA case, it is imperative that you collect and submit these records with enough time for review.
Clearly, there is a lot for you to consider. You want to have your case heard as quickly as possible so that you can begin receiving your financial support. At the same time, you should take advantage of the time that you have to prepare your case for success.
How to Know if Signing the 75 Day Waiver is Appropriate
So, should I sign the 75-day waiver? Ultimately, the decision of whether or not you should sign the 75-day waiver should be addressed individually with a trained legal adviser. Everyone’s case is different and your decisions need to place your case in a position to be successful.
Most likely, you will NOT want to surrender the time that you have to prepare your case for success. On the other hand, there are some situations where your case may warrant signing the waiver to expedite the process.
This is a complex decision that should be made in conjunction with a trained legal professional. If you have questions or concerns about the 75-day waiver, the hearing process, or your disability benefits, you should meet with your attorney and ask your questions. If you are seeking legal representation, consider Match & Farnsworth Social Security Disability Attorneys. For a complete listing of areas served, go to our contact page. Make sure that the SSA disability case is prepared for the hearing day.