Compassionate Allowance

July 2, 2019

The Social Security Administration allows for quick hearings or an on-the-record decision without a hearing for what is vaguely described as a compassionate allowance. These cases are often difficult to identify and prove.

The regulation states:

Compassionate Allowances (CAL) The CAL process identifies diseases and other medical conditions that invariably qualify under 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.

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 hearing level, may be based solely on a claimant’s allegation or on new medical evidence of a condition included on the CAL list of impairments. The CPMS case characteristic will be added on any CAL case upon receipt or when identified by hearing office staff. CAL designations are monitored by the OHO RO to ensure the case is expedited.

Another regulation, what is called a POM, states:

The CAL initiative is designed to quickly identify diseases and other medical conditions that invariably qualify under the Listing of Impairments based on minimal, but sufficient, objective medical information. If the condition does not meet these strict criteria, it is not designated as a CAL case. For a complete list of CAL conditions, see DI 23022.080 List of Compassionate Allowance (CAL) Conditions.

There are many, many listings under this regulation identifying severe diseases, from “Adult Onset Huntington Disease” to “Zellweger Syndrome” including many cancers, some of which are inoperable.

There is the possibility that a disease you have could qualify under a compassionate allowance. Contact Margolius, Margolius and Associates so we can review and evaluate if your case can potentially be expedited.

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