Rare OTR

It has become increasingly rare for an Administrative Law Judge ("ALJ") to approve an on the record ("OTR") request, and when they do, it typically is for individuals over 50 years of age.  Social Security recognizes that people over 50 may have difficulty adapting to new job requirements, and possess fewer transferable skills, which is why approval of OTRs are more likely if the claimant is older than 50.

We represent a 48-year-old claimant from Williston Park, NY, who suffers from Long Covid. Her symptoms include severe migraines, brain fog, chronic joint pain, and pulmonary problems. The claimant's physicians provided detailed medical records and impairment questionnaires to support her claim. Although her case was very strong, it was denied at the initial application and reconsideration levels by the State agency.

We appealed her claim, and a hearing was eventually scheduled with ALJ Linda Stagno at the Long Island hearing office. Despite the claimant being 46 years old at her onset date, we submitted an OTR due to the substantial medical evidence from her doctors.

ALJ Stagno approved the OTR, and issued a Fully Favorable decision. Our client was overwhelmed with gratitude. The favorable outcome of this claim underscores the importance of retaining an experienced disability attorney if you are planning on applying for Social Security Disability (“SSD”) benefits. Our office in Melville, NY offers free phone consultations. Our primary goal is obtaining approvals for our clients while also alleviating the stress associated with applying for SSD benefits independently.