Gardberg & Kemmerly, P.C. Attorneys at Law

New SS rules to help expedite pending Appeals Council Claims

New SS rules to help expedite pending Appeals Council Claims

A Social Security claim may be appealed to the Appeals Council, if that claim is denied by the Administrative Law Judge. Once a claim is appealed to the Appeals Council, it may take anywhere from twelve to twenty-four months to receive a decision. However, there are now twenty-one categories which will expedite a claim at the Appeals Council level if new evidence is added to the file.

The twenty-one categories that could expedite a claim with the Appeals Council are:

1. Age 55
2. Any indication or report of death
3. Hospice, nursing care, or claimant cannot care for personal needs
4. Intensive care unit for more than 3 days
5. Hospitalization for more than 7 days
6. Transplant notes (kidney, heart, heart/lung, liver or bone marrow, etc.)
7. Transplant waiting list
8. Cancer with poor or no response to treatment
9. Cancer that has spread to other areas/
10. Coma
11. Heart attack or myocardial infarction
12. Stroke, or cerebral vascular accident
13. Prescribed use of home oxygen
14. Prescribed use of wheelchair
15. VA disability rating of 70% or more
16. Letter or notice approving other forms of disability payments
17. Medical report(s) of a terminal prognosis
18. Dialysis or End Stage Renal Disease (ESRD)
19. Blood transfusion(s)
20. Bed or home confinement
21. Very rare, unusual, or compassionate allowance diagnoses

A claimant with any of these problems should not have to wait up to twenty-four months to receive a decision from the Appeals Council. We are eager to implement these new categories and help claimants will have a more timely response to their claim.

For more information regarding Social Security benefits, please contact one of the experienced attorneys at Gardberg & Kemmerly, P.C. today by calling 251-343-1111. Gardberg & Kemmerly, P.C. represents Social Security disability claimants in Alabama, Mississippi, Florida, and Louisiana at all levels of the disability process from initial application to appeals to Federal Court.

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