For various reasons, OTR decisions are written far less frequently compared to past years. If a claimant is under 50 years old, and does not meet a listing or compassionate allowance , it is highly unlikely that an OTR will now be approved. Today represents an exception to the recent rule.
We represent a 46 year old teacher who applied for Social Security Disability (“SSD”) benefits over a year ago due to orthopedic and mental impairments. Even though the claimant submitted well over 1,000 pages of medical records and reports, the State agency denied her SSD application because she refused to attend a consultative examination because of COVID-19 concerns.
Even before the ALJ could review the file, the National center pulled her file and approved SSD benefits. What made this case different is that we were able to obtain supporting functional assessments from nine (9) medical sources representing different medical specialties. While so many reports may seem like gilding the lily, that is what it takes these days for a younger person to obtain an OTR decision. T. Cotman, the State agency reviewer, obviously had a strong anti-claimant bias to have denied the claimant’s SSD application.
Applying for SSD can be overwhelming, time consuming, and frustrating. While you might think it should be obvious that your medical condition(s) render you disabled, and that you should be approved for SSD benefits, you cannot assume you will be approved. It is in your best interest to retain an attorney who specializes in disability. The road to being approved for SSD is not a straight one, and you would need an attorney to navigate it for you, to get the outcome you deserve. If you are thinking about applying for SSD, you can call our offices for a free phone consultation. Our offices are located on Long Island in both Nassau and Suffolk counties.
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