Last Update: 8/6/2024 (Transmittal I-3-197)

HA 01310.005 Critical Case Procedures

Renumbered from HALLEX section I-3-1-5

A. Situations that Require Expedited Processing

At the Appeals Council (AC), a case is critical and requires special expedited processing in the following situations:

1. Terminal Illness (TERI)

A case is designated TERI when the claimant's illness is alleged or identified as terminal (i.e., untreatable and expected to result in death). TERI cases are identified by:

  • The case characteristic TERI in the case processing system; and

  • A TERI Case flag in eView or the paper file (form SSA-2200 for paper files). If a TERI Case flag is added at the AC level, staff must complete form SSA-2200 and add it to eView.

For more information on what situations or conditions field offices (FO) and Disability Determination Services (DDS) use to designate a TERI case, see Program Operations Manual System (POMS) DI 11005.601C and DI 23020.045B.

NOTE: 

The presence of TERI criteria does not mandate a finding of disability. An adjudicator must evaluate the claim under the sequential evaluation process.

2. Veteran 100 Percent Permanent and Total (VPAT)

A case is designated VPAT when the claimant has received a 100 percent permanent and total (100% P&T) disability compensation rating from the Department of Veterans Affairs (VA). These cases can be identified by:

  • The case characteristic VPAT in the case processing system; and

  • A 100% Perm & Total flag in a paper case (POMS DI 11005.012G), or in an electronic case, by the Disabled Veterans rated 100% Permanent and total flag in eView.

NOTE 1: 

Expedited processing procedures do not apply to claimants with a 100% P&T disability pension (as opposed to disability compensation) rating from the VA.

A VPAT designation is added after the Social Security Administration (SSA) receives verification that a claimant has a 100% P&T disability compensation rating from the VA. SSA receives verification in one of the following ways:

  • Through a data match from the VA (for more information, see POMS DI 11005.007); or

  • From a claimant who submits a VA notification letter verifying a 100% P&T rating (see POMS DI 23020.055).

NOTE 2: 

When a VA data match identifies a claim for VPAT processing, give the claim expedited processing even if other information suggests the data match was incorrect.

NOTE 3: 

The presence of a 100% P&T disability compensation rating does not mandate a finding of disability. An adjudicator must evaluate the claim under the sequential evaluation process.

3. Military Casualty/Wounded Warrior (MC/WW)

A case is designated Military Casualty/Wounded Warrior (MC/WW) when the claim involves any current or former member of a military service, who:

  • Sustained an illness, injury, or wound;

  • Is alleging a physical or mental impairment, regardless of how the impairment occurred or where it occurred (i.e., United States or on foreign soil); and

  • Sustained the impairment while on active duty status on or after October 1, 2001.

For more information, including the definition of active duty, see POMS DI 11005.003.

Generally, the FO will identify and designate a MC/WW case, but an MC/WW case can be identified at any point in the process. AC staff can identify a MC/WW case by:

  • The case characteristic MCWW in the case processing system; and

  • A special MC/WW flag, found at POMS DI 11005.006, in a paper case, or in an electronic case, by the Military Casualty/Wounded Warrior flag in eView.

4. Compassionate Allowances (CAL)

The CAL process identifies diseases and other medical conditions that meet or equal one or more listing in the Listing of Impairments (20 CFR Appendix 1 to Subpart P of Part 404—Listing of Impairments). For more information about the CAL initiative, see POMS DI 11005.604 and DI 23022.000.

Most CAL cases are identified at the initial level of adjudication, but a new condition that develops later can also qualify for CAL processing. Subsequent identification, including at the AC, may be based solely on a claimant's allegation or on new medical evidence of a condition included on the CAL list of impairments. AC staff will manually add the CAL = Y indicator in eView and the CAL case characteristic in the case processing system on any CAL case upon receipt or when identified by AC staff.

CAL cases are identified by:

  • The case characteristic CAL in the case processing system; and

  • A CAL = Y indicator in eView.

NOTE: 

Fully paper cases are not automatically considered for CAL status, because the CAL screening tool can only filter cases electronically transferred between the FO and the DDS. However, if a CAL impairment is discovered on review of a claim or when additional evidence is received, the case should be designated as CAL and critical case procedures will apply. In paper cases, attach the Critical Case sheet (Hearings, Appeals, and Litigation Law (HALLEX) manual HA 01310.007) with CAL clearly designated on the front of the folder.

5. Homeless (HMLS)

A case will be designated Homeless if the claimant does not have a fixed, regular, and adequate nighttime residence or if the claimant expects to lose their current accommodations within 14 days and will not have a fixed, regular, and adequate nighttime residence.

The following are examples of living situations that indicate the claimant is experiencing homelessness.

The claimant is staying:

  • At publicly or privately operated shelters;

  • In hotels or motels paid for by Federal, State, or local government programs for low-income individuals;

  • In a car, park, abandoned building, bus or train station, airport, or camping ground; or

  • Temporarily with a friend, family member, or another household.

These examples are not exhaustive and employees should err on the side of designating a case as Homeless if there is an allegation the claimant is experiencing homelessness. If a claimant alleges that they are experiencing homelessness in a phone contact, AC staff will verify the claimant's contact information, including their mailing address and phone number. As appropriate, staff will update the information in systems to ensure the AC has the correct contact information for the claimant.

If a claimant's housing situation changes and no longer meets the above criteria, the designation can be removed or modified. See subsection B.2. below.

HMLS cases are identified by:

  • The case characteristic HMLS in the case processing system; and

  • An Critical Case sheet (HALLEX HA 01310.007) in a paper case or, in an electronic case, by the Homeless flag in eView.

A case containing an Eviction flag in eView should be reviewed to determine if the Homeless flag or HMLS case characteristic should also be applied to the case.

6. Dire Need (DRND)

A dire need situation exists when there is an allegation that the claimant does not possess sufficient income or resources to address an immediate threat to their health or safety, including any of the following circumstances:

  • The claimant is without food and is unable to obtain it.

  • The claimant lacks medicine or medical care and is unable to obtain it, or the claimant indicates that access to necessary medical care is restricted because of a lack of resources.

  • The claimant lacks one or more basic utilities (heat, potable water, or electricity) at their residence such that their residence would be considered uninhabitable, and the claimant does not have the resources to turn the utilities back on.

A dire need situation also exists when there is allegation that the non-receipt or interruption of benefit payments has caused the claimant a financial hardship.

NOTE: 

Staff may also designate a case dire need when the record indicates that a dire need situation exists even when there is no allegation of dire need circumstances.

Absent evidence to the contrary, accept a claimant's or other individual's allegation of the claimant's circumstances. AC staff will err on the side of designating the case Dire Need. If AC staff later determine that the claimant's circumstances no longer meet the dire need criteria, the designation can be removed or modified. See subsection B.2. below.

Staff may identify a Dire Need case by:

  • The case characteristic DRND in the case processing system; and

  • An Critical Case sheet (HALLEX HA 01310.007) in a paper case or, in an electronic case, by the Dire Need Situation flag in eView.

A case containing an Eviction flag in eView should be reviewed to determine if the Dire Need Situation flag or DRND case characteristic should also be applied to the case.

7. Potentially Violent

A potentially violent situation exists if there is an indication that the claimant is suicidal, homicidal, or otherwise potentially violent. See instructions in HALLEX HA 01190.015 and HA 01190.017.

Staff may identify a potentially violent case by:

  • The case characteristic SUIC or HOMC in the case processing system; and

  • A Critical Case sheet (HALLEX HA 01310.007) in a paper case or, in an electronic case, by the Homicidal/Potential Violent or Suicide Threat flag in eView.

8. Inordinate Delay

AC management may designate a case as critical if there has been an inordinate delay in processing the case. In that circumstance, AC staff will add the case characteristic DLAY in the case processing system.

B. Critical Case Designation

1. Adding a Critical Designation

Critical case designations entered at the hearings level in accordance with HALLEX HA 01210.040 must be maintained at the AC level, unless the circumstances have changed sufficiently to no longer warrant such designation. Upon receipt of cases, AC staff will check eView for presence of case flag(s) and the case processing system for presence of corresponding case characteristic(s) to ensure timely processing of these cases.

If a Branch Chief (BC) or other staff identifies a case that should be designated under one of the categories in HALLEX HA 01310.005A, the BC or staff will add the appropriate flag(s) in eView and the corresponding case characteristic(s) in the case processing system. DLAY cases will be identified only by adding the case characteristic in the case processing system.

The BC must assign the case for immediate processing and notify the Claimant and Public Assistance Branch (CPAB) via email to ^DCARO OAO CPAB so that CPAB can track the case.

NOTE: 

Multiple case designations may be added to a case. For example, if a claimant meets the criteria for both a homeless and a suicidal case designation, staff should add both the Homeless and Suicide Threat flags to eView and all applicable case characteristic(s) in the case processing system.

2. Removing a Critical Case Designation

If the case is erroneously designated as critical or the condition or situation that formed the basis of the critical designation is no longer present, a CPAB manager or a BC may remove the designation. If a BC or staff identifies a case in which the critical case designation(s) should be removed, the BC will delete the flag in eView and close the case characteristic(s) in the case processing system. The BC will also notify CPAB via email to ^DCARO OAO CPAB. In situations where the basis for the critical case designation is not clear, the BC will consult with a CPAB manager before deleting the flag and closing the case characteristic.

NOTE 1: 

If the erroneous critical case designation(s) is identified after an analyst has already reviewed the case, the analyst may notify the BC so that the designation(s) may be removed. However, the analyst will continue processing the case.

NOTE 2: 

For situations when it may be appropriate to remove a CAL designation, see POMS DI 23022.055D.

3. Monitoring Cases Designated as Critical

The Executive Director's Office and BCs will monitor the lists of cases designated with the case characteristics described in HALLEX HA 01310.005A to ensure compliance with expedited case processing procedures in the AC.

C. Branch Case Processing

1. Assigning the Case

BCs are responsible for ensuring that critical cases pending within a branch are promptly processed.

On receipt of a case designated as critical, the BC will ensure the appropriate flag(s) are maintained in eView and corresponding case characteristic(s) appear in the case processing system or the paper file. The BC will immediately assign the case.

2. Notifying FO of TERI and CAL cases

When a TERI and CAL case is first identified in the branch, the BC must add the CAL = Y indicator or TERI Case flag in eView and the corresponding case characteristic in the case processing system. The BC will immediately notify the FO to begin non-medical development. To notify the FO, the BC will send an e-mail to |[State Abbreviation] FO [City] and will document the contact in an SSA-5002 Report of Contact. The BC will also annotate the case processing system indicating that they notified the FO.

In the event the TERI or CAL designation is later removed or the AC denies the claim, the BC will immediately notify the FO via email.

3. AC Final Action

All staff must expedite preparation and release of the action document in a critical case.

If the AC issues a fully or partially favorable decision and the case is not a certified electronic folder, the BC will alert the effectuating component using the most expeditious method practical.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/2501310005
HA 01310.005 - Critical Case Procedures (I-3-1-5) - 08/06/2024
Batch run: 01/20/2026
Rev:08/06/2024