Social Security Disability SSI: What is an on the record decision ?
"On the record decisions" occur after a request for a hearing before an administrative law judge has been made. And they happen in two basic ways. In some instances, a hearing office staff attorney will initiate an on the record review of a case that is pending a hearing date. In other instances, an attorney or non attorney claimant's representative will request an on the record review.
First off-- What is an on the record decision? Well, there's only kind of on the record decision and that's favorable. If an OTR review is done and no decision is made to pay a claim based on such a review, the hearing request process will continue to move forward, meaning that the claimant will still eventually be granted a hearing date.
Second-- Why are requests for on the record reviews made? When it's fairly apparent, based on a review of medical evidence, that a claimant's condition is disabling according to social security standards.
Favorable decisions that result from on the record reviews are, without question, wonderful news to disability claimants, because, in many cases, they can eliminate months of unnecessary waiting for a disability hearing. On the flip side, of course, on the record approvals display in full view the failures of SSA when it comes to properly adjudicating disability claims---because if a claimant's case is strong enough to be approved "on the record", why was it denied at the prior level (the first appeal step)?
Return to the Social Security Disability SSI Benefits Blog
Social Security Attorneys - what you should know
The purpose of the Social Security Disability SSI medical exam
Application for social security disability
Disability for Diabetes