Monday, January 12, 2009

Notice of Dismissal

The Social Security Administration (the “SSA”) issues a Notice of Dismissal when an Administrative Law Judge cancels a claimant’s request for a hearing (“Notice”). I frequently receive telephone calls from anxious clients after they receive a Notice. Although the Notice sounds ominous it is not necessarily a bad thing.

I submit on-the-record requests for fully favorable decisions after a claim is transferred to a hearing office (“OTR”). An OTR is a mechanism for getting disability benefits approved without having to wait for a hearing. If the OTR is grants the disability application it renders the need for a hearing meaningless. The SSA cleans its calendar by issuing a Notice.

Under the above circumstances, a Notice is a clerical mechanism to maintain record integrity, and is no reason to panic. However, if a claimant has not received an OTR approval, then a Notice is a cause for concern, and it needs to be addressed with the hearing office immediately.

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