Hello all. I just wanted to let everyone know that I went ahead and asked for an "on-the-record" decision. I sent the certified letter on 5-2 and received a letter on 5-19 stating that a decision was made "fully favorable". On 5-20 my local office called to make an appointment for me to come in and do the paperwork. Praise the Lord!!!!!!!!!!! I am so relieved.

I am curious as to just what an 'on the record decision "is.I keep seeing this here on this site and really don't know just what it involves or how it differs from a regular decision??can you or someone else enlighten me on this please??thanks.Marcia

That is what they call it when the Administrative Law Judge makes a decision based on what is in the applicants file. Sometimes they will do it on their own (it is rare but it happens) but you can ask for one. I felt certain that the ALJ would give me an approval once he/she read my file. Otherwise I would have had to wait until the hearing appointment, which is a 12 to 18 month wait in my state (when I called in April 2005 they told me they were working on the files from Oct/Nov of 2003, so I knew it would be a long wait).

Thanks.So does having this sort of a decision mean that you kind of bypass all the normal channels and the judge just looks at all of your stuff themselves and then decides?this whole process can take such a very long time to get through it is so easy to get discouraged.The OTR decision would really help so many people.thank you for clarifying.Marcia

Laura, may I ask what state you live in? My atty also plans to request an 'on the record decision' but we live in SC and I don't think we can hope it will be as quick a decision for my husband as yours was.

I live in Illinois. I felt certain that once an ALJ read my medical file I would be approved because when I spoke to the DDS (Department of Determination Services) who had my file, he said that the ALJ have a different set of criteria than DDS. I had called because I didn't understand the denial when one of my conditions met the criteria in the "Adult Listings". Even if the ALJ would have denied me this time, I still would have been able to appear before an ALJ at a hearing to present my case (which is a long wait in this state).
Call your Hearings Office and ask them how long OTR decisions take in their office. Mine said 30 days, but was less than that.
I just spoke to my local office and was told that I may qualify for SSI during the 5 month waiting period that SSDI has. I didn't know that it was possible to receive SSI for that time. It sure would be nice to receive that with my back pay, I owe a lot of people a lot of money and it would be nice to be able to pay them back. Thank God for family and friends who have been angels in helping me to keep my home. In my state General Assistance gets paid back out of the back pay I will receive so the more I can get the better LOL.
I will be happy to answer any questions as best I can. It is a long process. Also I want to thank all the people on this board and this board. It has been a BIG help to me, not only in getting SSDI but in helping me to keep my sanity during the process. God bless to all of you.

I am really happy for you, Laura. At least you can get a break from that stress and focus on getting better.

Right after I posted, dh's atty called and said they just submitted a formal request for the 'on the record decision' and pretty much said what you did - that if not found favorable or if they refuse the request, we can still go ahead with the hearing. He is very optomistic that they will consider the request and rule in favor especially because their dr. said dh couldn't work, and now we've got an extensive post op report that really shows in detail how bad things are for my husband. In the briefing submitted by our atty, he is also expressing his concern as to why SSA ignored pertinent recent reports and medical opinions expressed by his neuro and orthopedic surgeons. The denial was based on dh's repaired hernia that occurred a year ago. No mention of the numerous other conditions that like you, are also included in the adult listings.

I pray things continue to improve for you, Laura. You definitely need a break!

karen