OTR approvals are more likely when there is a catastrophic or terminal illness, or when a medical impairment is severe enough to clearly meet a published Listing.
Naturally, an OTR decision requires excellent and strong medical evidence, since the decision is based entirely on the written medical record, the claimant or representative never appearing before the judge.
I think it is also of great value to have a strong Medical Source Statement in the record, where the claimant's physician lists limitations in the ability to perform specific work-related activities: such as standing, walking, lifting, bending, reaching, stooping, kneeling..., etc. Social Security does not obtain these statements. It is up to the claimant or his representative to get them.
A claimant or his attorney may request an On-the-Record review and submit a memorandum showing the supporting evidence.
Here are some questions I am often asked about making a request for an OTR decision:
1. Can asking for an On-the-Record decision hurt my case?
ANSWER: No. If the OTR decision is not granted, the case simply continues in its usual course for a hearing. In fact, Social Security only responds to OTR requests if they are approved. It will not influence the judge's decision later.
2. Will asking for an OTR decision further delay my case? Will it cause me to lose my place in line while waiting for a hearing?
ANSWER: No. Your case remains in line for a hearing without any delay if the OTR request is not granted.
3. What are the odds of getting an OTR decision?
ANSWER: Honestly, the odds are rather low. On-the-Record decisions are granted in cases where a judge sees overwhelming evidence of an obvious disability which makes it impossible for the claimant to work. Cases which are marginal, borderline or simply "usual" will have to go to hearing to be decided.
4. Shouldn't everyone apply for an OTR?
ANSWER: No. Your representative will be judicious in deciding whether to ask for an OTR. If every claimant floods the hearing office with OTR requests, they stop being meaningful and very probably judges would stop considering them at all. OTR requests are for cases that the attorney or representative feels merit an award without the need for a hearing. Truthfully, these cases are rare.
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THE FORSYTHE FIRM
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Huntsville, AL 35806
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