I have just requested, from my lawyer, an on the record decision. Has anyone else done this before. I just talked to the judges assistant to my case and my case is already in extreme dire need, but the earliest they can get me scheduled is after the first of the year. She then told me about the On the record decision. I told my lawyer and they are now writing the request. I am really wondering if anyone has done this and if so what should i expect.
The following user gives a hug of support to Slaughter1984:
I filed for SSDI in Jan. 2010 using Allsup. I was denied at levels one and two. I was approved via an OTR decision @ level 3. OTR decisions should always be requested esp. when the medical evidence substantiating your disability is compelling. They can't deny you, only approve. If they can't approve you OTR, you must then appear live before an ALJ for a physical hearing. OTR decisions are really beneficial since the waiting time required for a hearing date can be really shortened.
An on-the-record review can be done solely at the discretion of the hearing office, or it can be requested by either the claimant, or the claimant's attorney or non attorney representative.
The Following 2 Users Say Thank You to BlueSkies14 For This Useful Post:
jgrangran (10-15-2011),Slaughter1984 (10-15-2011)
Slaugther1984, What advice did your lawyer give you about the otr choice, And you are still pretty young to me age should not play a part because you can't help what your body does you not less disabled just because your young. Hang in there.
The Following User Says Thank You to jgrangran For This Useful Post:
When i first applied the first couple lawyers refused to even take my case due to my age but this lawyer jumped on it right away. My lawyer did not say anything really about it. Except they would be writing it up and submitting it electronically. The legal assistant i email all the time said she would keep on the lawyer to get it written up and submitted as soon as possible. My biggest thing is i think it is weird that the judge's assistant told me i should tell my lawyer to submit the request. Does that mean that the assistant thinks i have a good case and will get approved....... i am trying to hang in there it is so hard. I have come close to just say forget it and try to work again except i know my doctor would be very angry and i know i wouldnt be able to do any job.
Really you have come so far already and you should not give up. If you have a DR's support thats great. And I read that a lawyer needs to handle a lot of things once it hits the ALJ level. Its good your lawyer is taking charge and doing their part. your right this whole process is so mentaly draining the stress of it all I have never forgotten how it feels the total lack of control about anything and the slow time it takes is horriable but please know your not alone there are people on this board to help you
Ya i am glad my lawyer is doing something to help. I just wish this wasnt taking so long. I am just about out of food i have not money and i am about to be evicted. My case already has notes that i am in Dire need but they are still saying after the first of the year. I do not know if i can last that long without getting this. I really hope that the judge's assistant telling me to file for the On The Record Decision means she thinks that the judge will approve it. I thank you all for being here i love that there is a place i can chat about this. It feels no one else around me understands the helplessness that i go through not being able to work and waiting on something that a doctor says i deserve.
I know this whole process puts people thru a trauma experence in itself really and I guess we all are bonded somehow from going thru the same thing. But people that have to go thru this really understand unless you have to go thru it you don't understand I really drove everyone in my family crazy and anyone that would listen I even started crying in the hospital elevator before going to Physcial Theraphy that was when My first deniel came in the mail and now it seems funny but it wasn't at the time I will never forget the person that was trying to console me telling me to trust in the Lord and he would provide and he did but it was trying times so please don't worry about telling us how you feel it is better to let it out than to try to hold it in. Also you mmight try to see if you can check getting govt. help thru a social worker at the hospital are maybe ask your lawyer if they know of anything they can help you as you wait it out. Do you have family? I hope you keep comming here for support it really helps to talk to someone. Take care and know that we all care
I already asked the lawyer for suggestions. I even went to try and get help from the government offices but they said my wife makes too much for a 2 person household. Over half her check goes to paying for insurance so i can go to the doctor and stuff when i need to. The social worker said she makes a couple hundred over. So we are among the millions of people who make too much for government help and not enough to support ourselves.
I hear you on that one, We make over a little so we are one of the ones also, I am sorry you have to go thru this whole process but hang in there you will see it will be okay it just takes time. I'm glad you have someone. Yea for your wife being there for you. I didn't have insurance at the time I used a unvercity health system carelink thing that went my income and they charged by your income they were very nice I actually got more done for me that when I was on insurance when I had to pay a ton for it and had to beg to have MRI"s and everything took time to get approved but with that sliding community thing I got things done quicker I really wonder If Cal. has something like that? Its usaully done with a unvercity Sorry about my spelling its not as good as it used to be (just joking my spelling never was really good) LOL
It ok about your spelling. as long as people can understand you. The insurance we had through her old work would not pay for anything. The insurance we have now we have a card that pays for everything, Nothing out of pocket it is all from her paycheck directly. It makes it a lot easier. Ya she is going crazy just like i am. I just hope this OTRD thing goes through i have heard that i can get an answer within a week or two. I just pray something happens. I do not see how someone can be denied when a medical doctor says you cannot work and they do not have a time frame due to the way the previous doctor screwed up. Oh well we will see.
Did your DR. fill out the RFC form Seems like it would save a lot of time if they would just listen to peoples DR's but sadly they don't I have read a lot of people have such horrible things and still get denied and then some people don't have things so bad and get approved. I think that it is hard enough finding a job out there and then if the disabiled person that didn"t get disability yet tried to get the same job they would be out of luck. It does seem like they should go with what a DR says more than having to go thru this time consuming process.
RFC? Is that when they detail what you can and cannot do? If so yes i am still unfamiliar with what all the paper work is called that has been filled out. Ya i tried to get a job for 2 years before one place i went into and applied said why are you here and not on disability so i applied. I do not want to sit at home and not work but i guess i have to. I have been laughed out of job interviews going into them with crutches my arm in a sling and stuff they tend to laugh. I have met so many people around me that said they have a headache the doctor said you are fine they still applied and got approved right away it is ridiculous. Then i have met people who are in surgery or the ER every couple of days and they get denied. It is not what is wrong with you it is who can you convince that you cannot work
Yes the DR fills it out and then submits it. I hope you keep us posted on what happening with your case. I hope you get your otr and its an approval. Your right no rhyme are reason why some get it and some don't.
If i get an OTRD it has to be favorable. An OTRD does not negatively affect your case. It can only be a good thing. A hearing is still scheduled and done if an OTRD cannot be accomplished. I will keep everyone informed as i do not plan on going anywhere. I just hope i have a place to live and enough food to last me until this is all done. I also plan on helping people on here when i can.
I am currently going through the same thing as you. I had a call from my lawyers office on Sept 28th that they were submitting my case to the ALJ for an OTR decision. I meet a blue book listing, so it should have already been approved, but of course wasn't. I have spinal arachnoiditis, and it is a horrible disease that causes constant severe pain, and I am in support groups for this. Many people who have this get approved immediately for SS, yet I didn't, so it was frustrating, and I have no LTD or insurance to get by in the meantime. I have to borrow money just to go to the doctors, and to get my pain medicine that I need each month. It has been hell, and I am just praying that the judge makes a decision quick!!!! I hope you hear something about yours soon!! I just thought I would let you know since I am waiting on an OTR decision as well!! I will let you know once I hear one way or another, and you be sure to do the same, ok??