Standard Waiting Period for a Disability Determination
The process filing for a disability benefits claim such as Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) can take time, in some cases lasting up to two years before finally receiving benefits. In general, an applicant for a disability claim, even if approved on an initial filing, won't be eligible for monthly payments until the five month waiting period passes. This five month period begins when the Social Security Administration (SSA) determines the onset of the disabling condition began. In many cases, these claims are denied and appealed before any benefits are received, which could extend well beyond the five month waiting time.
Special Eligibility Categories for an Expedited Disability Decision by the SSA
There are certain circumstances in which the SSA will allow a Social Security Disability claim to be expedited so that the applicant can receive their disability benefits much sooner. These situations tend to be specific and may require supporting documentation or evidence that demonstrate an imminent need.
Homeless Flag
For applicants who are experiencing homelessness or do not have stable housing, the Social Security Administration flags the applicant's electronic file. This is known as the Homeless Flag and indicates that the applicant does not have a fixed, regular, and adequate nighttime residence. Such applicants are defined as homeless and are in need of expedited processing. This definition also includes individuals who are fleeing or experiencing domestic violence.
Dire Need
An SSDI applicant is unable to afford to pay for food, medical care, or utilities, or if the applicant is facing imminent eviction or homelessness
Military Injury
If an injury or illness occurred while an applicant was serving on active duty, on or after October 1st 2001
Terminal Illness
Certain conditions quality for an expedited determination such as AIDS, ALS, certain types of cancer such as liver or gall bladder, or otherwise metastazied or considered inoperable, or if the person has been in a coma for 30 or more days or is in hospice.
Compassionate Allowances
Many of the conditions that fall under Terminal Illness can also qualify for an expedited claim for a compassionate allowance even if not considered terminal at the time.
Military Injury
Total Disability
If a veteran receives a Veterans Administration (VA) Permanent and Total disability rating of 100%, they may receive priority status for Social Security disability benefits. This may not necessarily qualify them for an expedited disability determination but, indicating their VA rating still could help speed up the process.
Wounded Warriors Initiative
The Wounded Warrior initiative allows veterans who experience physical or mental health injuries while on active duty on or after October 1, 2021. For these disabled veterans, an expedited disability determination could be made for SSDI and SSI disability benefits.
Terminal Illness
In cases of Terminal Illness (TERI), applicants are identified through their applications and supporting records that indicate a TERI case. This would be identified by the SSA when an applicant is receiving hospice care, in a coma for 30 days or more, or by certain diagnoses. Conditions that qualify for an expedited determination as a TERI case include AIDS and ALS (Lou Gehrig’s Disease). Certain types of cancer such as liver or gall bladder, or otherwise metastasized or considered inoperable.
Compassionate Allowances
Many of the conditions that fall under Terminal Illness can also qualify for an expedited claim for a compassionate allowance. These conditions include certain types of cancers, neurological disorders, or heart failure. A compassionate allowance may not reduce the five-month waiting period but still can speed up the process of approving and paying out benefits.
Can a Disability Attorney Help?
If you believe that you are in any of these categories or are uncertain if you are, contact a disability attorney as soon as possible. If you are in a situation that calls for an expedited determination, an experienced disability attorney can help you navigate the application process to help you gain the SSDI or SSI expedited payments that you need. Contact Jackson Law Firm today!

