On-the-Record Reviews by Social Security and Requesting one

On-the-Record Reviews are available to anyone who files a Social Security Disability claim once it has been denied at the lower levels. It is a favorable ruling made by the Administrative Law Judge (ALJ) based solely on the medical evidence in your file. An OTR is done prior to an actual hearing being held.

Once you have requested a hearing on your claim, then your claim is eligible to request an On-the-Record Review. This review can happen in one of two ways. This type of review can be initiated by a hearing officer, which would be the best case scenario. This usually happens if new medical evidence is submitted and upon review by the Social Security it is deemed that with the new evidence that a hearing is no longer needed and a fully favorable decision can be granted. The second possibility is that you will need to request the On-the-Record Review yourself. Along with your request, you will need to provide a detailed explanation that points out the specific medical evidence that proves that you are disabled by Social Security’s rules.

Once you have put in the request for an On-the-Record Review, one of these outcomes should happen. Your claim could be granted based on the evidence in your file or a judge may contact you for more information on your claim. If this were to happen, it would be in your best interest to be as honest and as thorough as possible. Another possibility is, a judge may feel that the evidence is not clear cut enough to approve the claim during an On-the-Record review. If a fully favorable cannot be given based on the records alone, then your claim will proceed to a hearing when a date becomes available. An On-the-Record Review cannot stop your claim from proceeding, unless a fully favorable decision can be reached.

The request for an On-the-Record Review is a great way to possibly expedite a disability claim. There needs to be enough medical evidence to give a clear cut view of the disability that is being claimed so, that the Judge feels that a disability hearing is no longer necessary. Hopefully this helps to navigate the On-the-Record Review process.

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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