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Presumptive Disability


Presumptive Disability Social Security | Law Offices of Dr. Bill LaTour

When you file a claim for Social Security Disability (SSDI) or Supplemental Security Income (SSI) it can take anywhere from 30 days up to two years before your case is adjudicated and a final award determined. If you are severely injured, chances are you need that compensation sooner, rather than later. In some extreme cases, the Social Security Administration (SSA) has established a provision for expedited payment.

Because the guidelines are confusing, hiring an experienced social security lawyer can help you navigate the bureaucracy of the Social Security Administration. The professionals at the Law Offices of Bill LaTour can help you in determining if one of the four provisions for expedited payment apply to you: Presumptive disability (PD) or Presumptive Blindness (PB), Emergency Advance Payment, Immediate Payment, and Expedited Reinstatement Cases.

Do I Qualify?

If you are filing for assistance on the case of disability or blindness, your lawyer may advise you to file for Presumptive disability (PD) or blindness (PB). The expedited payments for PD or PB are effective immediately and will continue for up to six months while your formal request is being reviewed. To qualify for PD payments your claim must be based upon a qualifying medical condition. The following examples show medical conditions which qualify:

  • full amputation of a leg (from the hip down)
  • deafness (no sound perception) in both ears
  • blindness (no light perception) in both eyes
  • total bed confinement, or immobility (without a wheelchair, crutches, or walker) from a longstanding condition (does not include recent injury or surgery)
  • past stroke (more than three months ago) that has continued to cause difficulty in use of hand/arm or walking
  • cerebral palsy, muscular dystrophy, muscular atrophy and/or a significant difficulty in walking, talking, or using both hands and arms (coordinated use)
  • Down Syndrome
  • Significant mental deficiency (claimed on behalf of someone over 7 years old)
  • A terminal illness, with less than six month life expectancy (confirmed by doctor, physician, or hospice official)
  • Suffering from Lou Gehrig’s disease (amyotrophic lateral sclerosis)
  • End stage renal disease
  • A spinal cord injury resulting in an inability to walk without a walker (lasting two weeks or more and confirmed by a doctor.)

There are other conditions which can qualify for PD, and final adjudication will be at the discretion of the SSA. Your social security lawyer can advise you if PD applies in cases outside of these examples.

How Much Will I get?

Just as with other SSI and disability benefits, the amount of payment you will receive with your PD claim is based upon a multitude of factors. Your total award will depend on your working status prior to your injury, the length of your working history prior to the injury, and your need.

What If My Claim Is Denied?

In the event that you collect PD payments and are subsequently denied your claim, the SSA will not attempt to recoup payment. This is considered a justifiable payment of claims and you are not responsible for repayment. Do not let the fear of claim denial steer you away from attempting to claim PD benefits if you feel they are owed, or if they will help your situation. This is for the SSA to make a determination on.

Where to Go Next: Social Security Lawyers

If you are severely disabled, you need—and are entitled to—assistance now. Don’t wait for the government bureaucracy behemoth to approve your claim. We’ve been helping disabled individuals in the Greater Los Angeles area, the Inland Empire, and Orange County get the disability benefits they need for years. Call Dr. Bill LaTour and his team today at 800-803-5090  or fill out our online form to schedule a free consultation.