[daisy.girl]

I was scheduled for my hearing before the administrative law judge for this friday Feb 3.

I received a call today from my attorney's office telling me that I DO NOT have to go to the hearing on Friday as the judge made an "On the Record Decision".

I asked what that meant and I was told I would have to wait to receive paperwork in the mail. However, she also told me that she never heard of it being a bad thing, but could not tell me I was approved, just that I have to wait!!

Does anyone know if an On the record decision is ALWAYS favorable??

[karilann]

This is what I read on line:

An on-the-record decision in a social security disability or ssi disability claim occurs after a request for hearing before an administrative law judge has been submitted.

Essentially, the claimant is awarded disability benefits on the basis of the record (i.e. the medical records) without the need for a formal hearing.

Obviously, an on-the-record decision can be fantastically beneficial since the waiting time required for a hearing date can be dramatically shortened, and this can mean the world financially for claimants who are lucky enough to be put in such a position.

How does an on the record decision get granted? It happens after an on-the-record review has been done by either an administrative law judge, or a staff attorney at the office of hearings and appeals.

An on-the-record review can be done soley 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.

Before requesting an on-the-record review, however, a claimant should realize that their available medical evidence should be particularly compelling. Moreover, the evidence (recent medical records) should be submitted to the hearing office along with the request for an on the record review.

Can a request for an on the record review ever hurt your case? No. In fact, an on-the-record decision can ONLY be an approval. Therefore, if a claimant is not approved after an on the record review has been conducted, a hearing date will still be scheduled for them.


An On the Record decision occurs when an Administrative Law Judge, prior to a hearing having been held, grants an approval to a disability claimant.

When an on-the-record decision is made, however, it is because the medical evidence available to an ALJ is strong to enough to validate an approval without a formal hearing being held.

On-the-record decisions are, as a matter of course, always approvals.

If a claimant's case is not approved following an on-the-record review, a claimant must then be given the opportunity to have the case presented at a hearing.

Can an on-the-record review be requested? Yes.

An attorney or non-attorney claimant's representative can make a request for an on-the-record review simply by contacting the Office of Hearings and Appeals. Claimants who are unrepresented, of course, can make this request as well.
http://www.disabilitysecrets.com/get-on-record.html

[daisy.girl]

Thanks, I read something similar! I want to get excited....but I am a little scared to since the attorney's office told me I had to wait to get the paperwork in the mail.

[SallyC]

Good luck Daisy. It sure looks good for you.

[ANNagain]

Hi Daisy.Girl

This is very good news. If it was to be against you- they'd need you to show up because that is your right.

I had this kind of decision. After the first rejection, I reapplied using a lawyer recommended by the local chapter of NMSS.

After the documents were delivered, the ALJ called my lawyer to say that it was basically a slam dunk and that the Rehab people who do the first screening for disability in this state got it wrong.

She then wrote a 3-4 page letter slamming them and quoting laws- chapter and verse.

Although we may not have the loss of a limb or a sense etc, the combined affect of our cognitive, language, energy, ambulation, etc together makes us disabled. It is the same w some HIV/Aids patients: a preponderance of problems.

I'm doing a modified happy dance for you!

ANN

[daisy.girl]

Ann,
Do you remember how long it took for you to get something in writing in the mail? My attorneys office really wouldn't give me any more information then: I just have to wait to get it in the mail.
I have been searching and everything I read says what you and the others have said, An On the Record Decision can be nothing but favorable.

How long will it take for me to start getting any kind of moneys?? I started this so long ago, I don't even remember what bank I gave them for my direct deposit.....and I have changed banks; so I better call someone, I guess.

thanks again everyone!!

[karilann]

You will get a letter within 10 days and the money starts very quickly! They will give you the "date of disability" and back pay you to that date. I had money in the bank one day before I actually got my letter.

[daisy.girl]

thank you all for your responses. I will be very glad when I get that letter! and God knows we sure can use the money.

[NurseNancy]

i don't know but i sure wish you good luck.
let us know.

[tkrik]

You can always check with SSA to see if you were approved. I do know of a couple of people that never got a letter at all and their lawyers were notified of a decision, they just a check in the mail. SSA will sometimes let you know. Additionally, I have never had a problem with dealing with SSA staff. They have always been nice and helpful.

Wishing you the best of luck and let us know how things turn out for you.