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on the record decision

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Old 09-06-2007, 08:04 AM   #1
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maebelle HB User
on the record decision

Can someone plz tell me what a "on the record decison is?"
My ALJ hhearing was unfavorable and I am also wondering how long the appeal process takes?
It has already been a long 3 yrs and I am at my wits end.Thanks

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Old 09-06-2007, 11:07 AM   #2
My Back Hurts
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Re: on the record decision

An on the record decision is when a claimant is awarded disability benefits on the basis of the record (strong medical records) without the need for a formal hearing.
Normally on the record decisions are requested when a claimant has further compelling medical records, those records should be included at the same time when the request is made for the on the record review.

In some hearing offices, but not all, judges will try to weed out the cases they can easily grant because the medical evidence is so strong.
Some judges never grant on-the-record decisions, and if you are assigned to one of those judges, there’s not much you can do but wait for the hearing.

Personally I would never request an on the record without legal council, if you have an attorney, I would certainly speak to him/her about the process as it can really speed things up.
If an attorney is quite confident they will win the case, they normally won't have a problem requesting an OTR decision.

Depending on your situation, you may also request to file for dire needs.
Please see the SSA website for more details on that subject.

Good luck to you

Old 09-06-2007, 11:21 AM   #3
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deltaelise HB User
Re: on the record decision

My lawyer just requested an OTR for me.

Old 09-06-2007, 07:36 PM   #4
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Re: on the record decision

If you're talking about for the federal appeals, it could be another year.

Old 09-07-2007, 08:00 AM   #5
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Queenneeee HB UserQueenneeee HB User
Re: on the record decision

Hi all !! I just had my hearing a little over a week ago. I traveled apprx. 45 min to the hearing. Sat there and waited my turn. Many people came out crying from their hearings. I was so nervous !! Finally when they called my name for my hearing I started to walk in the hearing room when the judge stopped me and told me to wait 5 min so he could ask my lawyer a question. Well long story short... my lawyer came out and said I had won ... the judge said my medical evidence and doctors papers were over whelming so there was nothing the judge could dispute. My question is why didn't they read all this earlier and make a 'on the record decision' before my court day came. NOT THAT I'M COMPLAINING... but I guess my case could have been considered for on the record decision earlier as well........... however I would have traveled to AFRICA if they told me to as to win my case !! LOL Winning my case has been one of the most relieving days of my life !! ...take -care,

Old 09-07-2007, 10:37 PM   #6
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sherry77 HB User
Re: on the record decision

Wow Queenneeee thats great that you won I sure hope I get the same thing when I go for my second hearing on September 27th. I bet you are really smiling from ear to ear I know I would be. I am really happy for you.

Old 09-08-2007, 06:25 AM   #7
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Re: on the record decision

here is a another place to read about OTR decissions 2007.
Federal Register / Vol. 72, No. 172 / Thursday, September 6, 2007 / Rules and Regulations.

I think from what I read on this is (dont quote me) that they are extending the time frame for this program. also, they have 20 days to make decission or if one can not be made (based on strong medical information/file information) it gets returned to the hearing status again.

good luck on what ever you decide to do. ~take care~

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