How to win your case “On-the-Record” – without having to actually attend a hearing

There are countless worthy cases that are not approved by disability adjudicators.  Many of these denials are due to a limited evaluation of the evidence on the part of the Social Security judge. Here are some reasons why an adjudicator may deny a person’s claim even if a person has a good case:

• Your medical problem may not meet a listing. Some adjudicators will simply reject all non-listing level cases.
• Your disability application may list several impairments and not main problem. Some Judges feel more comfortable approving a case when a claimant has one main impairment at listing level.
• If an applicant has filed previous applications, some adjudicators will instantly deny a new application.
• Some adjudicators will deny your claim if you have worked after your alleged onset date.
• Some adjudicators who are overworked with many disability files may simply deny files sitting on their desk at random to save time.

The above reasons may sound like poor reasons for cases to get denied, but still, until the SSA improves its process, claimants are subject to denial based on these reasons.  Essentially, adjudicators simply do not take the time to fully evaluate all of your medical evidence.

This is why I have recently made it my practice to issue something called an “On-the-Record Request” – also known as an OTR request.  This document is designed to summarize all of your medical evidence and present a succinct, clear argument for your disability case in language that Social Security Judges can understand.  I have found that these OTR requests can help you get a favorable decision without you even having to appear in court. Here’s how it works:

Once you request a hearing, your case will be moved to the Office of Disability and Review (ODAR) that works in your geographic location.  Once they receive your claim, the file will be given to a specific judge and placed into a queue for a hearing date.

Once I have received a confirmation letter that your file has been received and a hearing has been scheduled and assigned to a judge, I will often write up and submit an “on-the-record” request to that Judge.  I wait until the specific judge is assigned to the case to ensure that the request actually gets considered (if an OTR request is submitted before a judge is assigned, it will most likely not get read).

The OTR request is designed to set out a factual background of your case.  This includes an argument as to why the judge should approve your case as well as a summary of supporting medical evidence.  When create an on-the-record request, I am sure to clearly state the theory of my case and include any functional capacity form or persuasive evidence that may support my argument.

My experience has proven that I am more likely to reach a favorable decision if I have submitted an OTR request.  Additionally, I am often successful in getting you out of having to go to a hearing, an added bonus of the OTR request.

Click on the link to review an on-the-record request that I recently submitted to an Atlanta ODAR judge. Please note that I have changed the names of the people involved in this case as well as some of the details; however, the argument remains intact.